1. Introduction

1.1 These Terms and Conditions apply to purchases of goods and services from
First Choice Mobility Ltd through our website, by telephone, by email, in one of
our stores, following a quotation or through another agreed method.

1.2 References in these Terms to “First Choice Mobility”, “we”, “us” or “our”
mean First Choice Mobility Ltd.

1.3 References to “you” or “your” mean the person or organisation purchasing
goods or services from us.

1.4 Please read these Terms carefully before placing an order. By placing an
order, you confirm that you have had a reasonable opportunity to read these
Terms and that the information you provide is complete and accurate.

1.5 Nothing in these Terms excludes, restricts or seeks to replace any legal
rights or remedies that cannot lawfully be excluded or restricted.

1.6 If you are purchasing as a consumer, your statutory rights remain unaffected.

2. About First Choice Mobility

3. Our Commitment

3.1 First Choice Mobility supplies mobility and independent-living products,
spare parts, delivery services, product set-up, servicing and repairs.

3.2 We are committed to providing honest advice, fair and transparent pricing,
suitable products and dependable after-sales support.

3.3 We recognise that every customer’s needs and circumstances are different.
Where we provide guidance, we will base it on the information available to us
and the requirements explained by the customer.

3.4 Our brand promise is Freedom, with confidence.

4. Definitions

In these Terms, the following words have the meanings given below:

Business Customer means a person, company, charity, public body,
healthcare provider or other organisation purchasing wholly or mainly for
purposes relating to its trade, business, profession or organisational activities.

Business Day means Monday to Friday, excluding public holidays
in England.

Consumer means an individual acting wholly or mainly outside
their trade, business, craft or profession.

Contract means the legally binding agreement between you and us
for the supply of goods or services.

Distance Contract means a contract concluded without the
simultaneous physical presence of you and us, including purchases made through
our website or by telephone.

Goods means the products, equipment, replacement parts,
accessories or other physical items supplied by us.

Made-to-Order Product means a product manufactured, assembled,
ordered or configured after an order is accepted, but which is not necessarily
personalised or made to a unique customer specification.

Bespoke Product means a product made, adapted, personalised or
configured to measurements, selections or specifications supplied or approved
by the customer.

Order Confirmation means the written document or electronic
confirmation setting out the goods, services, specifications, prices and other
agreed details of an order.

Services means delivery, installation, product set-up,
demonstrations, assessments, servicing, repairs or any other service supplied
by us.

Website means any website operated by First Choice Mobility,
including www.firstchoicemobility.com and any replacement or successor domain.

5. Eligibility to Order

5.1 By placing an order, you confirm that:

• you are at least 18 years old;
• you have the legal capacity and authority to enter into the Contract;
• all information supplied by you is accurate and complete;
• you are authorised to use the selected payment method;
• you are authorised to place the order on behalf of any named organisation; and
• any VAT relief declaration submitted by you is accurate and relates to an
  eligible supply.

5.2 We may decline, suspend or cancel an order before acceptance where we
reasonably suspect fraud, unlawful activity, misuse, an unauthorised transaction
or materially inaccurate information.

6. Website Information

6.1 We use reasonable care to ensure that the information displayed on our
website is accurate and current.

6.2 Product information may be supplied by manufacturers or distributors and may
occasionally be changed, corrected or updated without prior notice.

6.3 Product colours may appear differently depending on the screen or device
used. Product dimensions and weights may be subject to reasonable manufacturing
tolerances.

6.4 Photographs, videos and illustrations are provided to help identify and
describe products. Unless expressly stated, accessories or surrounding items
shown in an image are not necessarily included.

6.5 Where a material specification changes after you place an order but before
the Contract is formed or the goods are dispatched, we will contact you where
reasonably practicable to explain the change and discuss the available options.

7. Website Availability

7.1 We do not guarantee that the website will always be available, uninterrupted
or free from technical errors.

7.2 We may suspend, restrict or withdraw access to all or part of the website for
maintenance, security, upgrades, emergency work or circumstances outside our
reasonable control.

7.3 Nothing in this clause limits any liability that cannot lawfully be excluded.

8. Product Information

8.1 We select products from a range of mobility and independent-living
manufacturers and suppliers.

8.2 Product descriptions, specifications and performance information should be
read together with the manufacturer’s instructions and any information provided
during an assessment, demonstration or sales consultation.

8.3 Manufacturers may make minor changes to products that do not materially
affect their appearance, safety, quality or intended function.

8.4 If we identify a significant product-description or specification error before
dispatch, we may contact you to offer the corrected product, a suitable
alternative or cancellation with a full refund.

9. Product Suitability and Medical Guidance

9.1 Our staff may provide product guidance based on the information you give us,
their product knowledge and any assessment or demonstration carried out.

9.2 Our staff do not provide medical diagnoses, clinical treatment or medical
advice unless a suitably qualified professional is expressly providing that
service.

9.3 Information on our website is general information and is not a substitute
for advice from a GP, consultant, occupational therapist, physiotherapist or
other qualified healthcare professional.

9.4 You must provide accurate information about the intended user, their needs,
the intended environment, measurements, access requirements and any relevant
limitations that could affect product suitability.

9.5 Where suitability is uncertain, we may recommend a product demonstration,
formal assessment, home assessment or advice from an appropriate healthcare
professional before an order is placed.

9.6 Nothing in this clause limits our responsibility to supply goods that conform
to the Contract or any legal rights you may have.

10. Accessibility

10.1 We aim to make our products, services and information accessible to as many
customers as reasonably possible.

10.2 Please contact us if you require assistance placing an order, understanding
product information or receiving information in a more suitable format.

10.3 We will consider reasonable requests for assistance in light of the
customer’s needs and the nature of the requested service.

11. Quotations

11.1 Unless stated otherwise, a quotation will remain open for acceptance for
30 calendar days from its date.

11.2 A quotation is not a binding Contract and remains subject to product
availability, final specification, any required assessment and our acceptance
of the order.

11.3 Once a quotation has expired, we may issue a revised quotation to reflect
changes in manufacturer prices, taxes, duties, delivery costs, exchange rates
or product availability.

11.4 Unless expressly listed as included, accessories, optional equipment,
delivery upgrades and installation services are not included in a quotation.

12. Placing an Order

12.1 Orders may be placed:

• through our website;
• by telephone;
• by email;
• in one of our stores;
• by accepting a written quotation; or
• through another method agreed by us.

12.2 You are responsible for checking the details of your proposed order before
submitting or approving it.

This includes checking, where relevant:

• the product make and model;
• measurements and sizing;
• colour and fabric selections;
• left- or right-hand configuration;
• controls, accessories and optional features;
• the delivery and billing addresses;
• access requirements;
• contact details;
• the intended user’s requirements; and
• VAT relief information.

12.3 Please contact us immediately if you discover an error after submitting an
order. We will use reasonable efforts to make a requested amendment, but changes
may not be possible after processing, configuration or manufacture has begun.

13. Order Confirmation and Contract Formation

13.1 Your order is an offer to purchase the specified goods or services from us.

13.2 An automated website acknowledgement confirms only that we have received
your order. It does not necessarily mean that we have accepted it.

13.3 Payment authorisation or receipt of payment does not, by itself, require us
to accept an order.

13.4 Subject to any different written arrangement, the Contract is formed when we
expressly accept your order by:

• issuing a written acceptance or confirmed Order Confirmation;
• confirming that goods have been allocated or dispatched;
• instructing a manufacturer or supplier to begin an approved bespoke or
  made-to-order product; or
• beginning to provide an agreed service.

13.5 We may decline an order before acceptance where, for example:

• the product is unavailable or discontinued;
• we cannot obtain the product from the manufacturer or supplier;
• the requested configuration is unavailable or unsuitable;
• there is an obvious price, specification or description error;
• payment cannot be authorised or verified;
• additional delivery requirements cannot be agreed;
• we reasonably suspect fraud or unlawful activity; or
• we cannot safely or lawfully fulfil the order.

13.6 If we decline an order after receiving payment, we will return the amount
paid using the original payment method without undue delay.

14. Product Availability

14.1 Availability information may depend on stock held by us, a distributor or
the relevant manufacturer.

14.2 Website availability indicators may not always reflect live manufacturer
or distributor stock.

14.3 If a product becomes unavailable, we may offer:

• a revised estimated delivery date;
• a suitable alternative product;
• an amended specification for your approval; or
• cancellation and a full refund.

14.4 We will not substitute a materially different product without your agreement.

15. Prices

15.1 All website prices are displayed in pounds sterling.

15.2 Prices include VAT where applicable unless expressly stated otherwise.

15.3 Where relevant, a product page may display:

• a price including VAT; and
• a VAT-relief price available only to qualifying customers for qualifying supplies.

15.4 Delivery, installation, set-up, assessments, optional accessories and other
additional services may be charged separately. Any applicable charge will be
displayed or explained before the order is accepted.

15.5 We may change prices before a Contract is formed. A price change will not
normally affect an order we have already accepted, except where an obvious error
has occurred or a change is required by law.

16. Pricing and Description Errors

16.1 We take reasonable care to ensure prices, specifications and descriptions
are accurate, but genuine errors may occasionally occur.

16.2 If we discover an obvious or material error before accepting or dispatching
an order, we may contact you to:

• explain the error;
• offer the product at the correct price or specification;
• offer a suitable alternative; or
• cancel the affected order and provide a full refund.

16.3 We will not increase the agreed price of an accepted order merely because
our costs subsequently increase, unless you request an agreed amendment or the
law requires the change.

16.4 Nothing in this clause affects rights or remedies that cannot lawfully be
excluded.

17. Deposits

17.1 We may require a deposit for bespoke, made-to-order, special-order,
high-value or specially configured products.

17.2 The deposit amount, balance due date and relevant cancellation information
will be explained before the order is accepted.

17.3 A deposit is part-payment towards the total order price and is not
automatically non-refundable in every circumstance.

17.4 Where you cancel a product that is genuinely bespoke or personalised after
we have incurred costs or manufacture has begun, we may retain an amount that
fairly reflects our losses and any rights available under the Contract and
applicable law.

17.5 We will not retain a deposit where we cancel because we cannot supply the
agreed goods, unless the cancellation arises from a breach by you and the law
permits us to recover resulting losses.

18. Payment

18.1 Subject to availability, we may accept payment by:

• credit or debit card;
• PayPal;
• Klarna or another displayed payment provider;
• BACS bank transfer;
• secure telephone card payment; and
• another method expressly agreed by us.

18.2 Payment must normally be received in cleared funds before goods are
dispatched or services begin, unless credit terms or another arrangement have
been agreed in writing.

18.3 You must not make a bank transfer to account details received through an
unexpected or suspicious communication. Please verify any change of bank details
with us using a trusted telephone number before sending payment.

18.4 We may delay acceptance or dispatch while we complete reasonable payment,
identity, address or fraud-prevention checks.

18.5 If payment is reversed, declined, charged back or otherwise not received,
we may suspend performance and contact you to arrange an alternative payment,
subject to your statutory rights.

19. Third-Party Payment Providers

19.1 Payment services offered by Klarna, PayPal or another third-party provider
are subject to the provider’s eligibility checks, privacy information and
contractual terms.

19.2 Where a separate credit or payment agreement is entered into with a
third-party provider, that agreement is between you and the provider.

19.3 We do not determine third-party credit decisions, repayment schedules,
interest charges, late-payment charges or account restrictions.

19.4 Product returns or cancellations involving a third-party payment provider
will be processed in accordance with your legal rights, our applicable returns
procedure and the provider’s operational requirements.

20. VAT Relief

20.1 VAT relief is available only where the customer, the goods or services and
the intended use satisfy the applicable legal requirements.

20.2 Not every mobility or independent-living product qualifies for VAT relief,
and a person’s disability or long-term illness does not automatically make every
purchase VAT-free.

20.3 To purchase an eligible supply without VAT, you must complete the required
eligibility declaration during the ordering process or provide another form of
declaration acceptable to us and HM Revenue & Customs.

20.4 The declaration must identify the eligible person and confirm that the
qualifying goods or services are being obtained for their personal or domestic
use, where required.

20.5 A purchase may be made on behalf of an eligible person where the relevant
conditions are satisfied and the declaration correctly identifies that person.

20.6 By submitting a VAT relief declaration, you confirm that:

• the information supplied is complete and accurate;
• the named person meets the applicable eligibility requirements;
• the purchase is for the qualifying personal or domestic use; and
• you are authorised to submit the declaration.

20.7 We may request additional information or decline to apply VAT relief where
the information provided is incomplete, inconsistent or does not demonstrate
that the qualifying conditions have been met.

20.8 If VAT relief cannot lawfully be applied, VAT will be charged at the
appropriate prevailing rate.

20.9 We will retain VAT relief declarations and related transaction information
where required for tax, accounting and legal-compliance purposes.

20.10 Further guidance is available on our VAT Relief page. Customers may also
obtain guidance directly from HM Revenue & Customs.

21. Promotional Offers

21.1 Promotional offers are available only during the stated promotional period
and subject to any advertised eligibility conditions.

21.2 Unless expressly stated otherwise:

• offers cannot be combined;
• discount codes have no cash value;
• discounts cannot be applied retrospectively;
• offers apply only to qualifying products; and
• offers remain subject to availability.

21.3 We may withdraw or correct a promotion before accepting an order where there
is an error, misuse, suspected fraud or a legal or technical reason for doing so.

21.4 Withdrawal of a promotion will not normally affect an order that we have
already accepted in accordance with its valid terms.

22. Gift Vouchers

22.1 Where gift vouchers are offered, their validity period, permitted uses and
any product restrictions will be stated at the time of purchase.

22.2 Gift vouchers cannot normally be exchanged for cash except where required
by law.

22.3 Please contact us promptly if a voucher is lost or stolen. Replacement will
depend on whether we can identify and securely cancel the original voucher.

22.4 This clause applies only while First Choice Mobility offers a gift-voucher
service. It may be removed if gift vouchers are not sold.

23. Fraud Prevention and Order Verification

23.1 To protect customers and our business, we may carry out proportionate
identity, address, payment and order-verification checks.

23.2 We may ask you to provide additional information where:

• billing and delivery details do not match;
• an order is unusually high in value;
• the payment provider requests verification;
• we reasonably suspect an unauthorised transaction; or
• verification is necessary to comply with a legal obligation.

23.3 We may delay dispatch or decline an order while reasonable checks are
completed.

23.4 Where we reasonably suspect fraud or criminal activity, we may preserve and
disclose relevant information to payment providers, insurers, professional
advisers or competent authorities where legally permitted or required.

23.5 Personal information used for verification will be handled in accordance
with our Privacy Policy and applicable data-protection law.

• the Scottish Highlands and Islands;
• Northern Ireland;
• the Isle of Wight;
• the Isle of Man;
• the Channel Islands;
• other offshore islands; and
• remote locations subject to carrier surcharges.

24.4 If an additional delivery charge applies and has not already been displayed
at checkout, we will contact you before accepting or dispatching your order.
We will not apply an additional charge without your agreement.

24.5 Some large, heavy, specialist or lithium-battery products may be subject to
geographical delivery restrictions. We will explain any relevant restriction
before accepting the order.

24.6 Delivery outside the United Kingdom is available only where expressly agreed
by us in writing and may be subject to separate delivery, customs, import,
warranty and returns arrangements.

25. Delivery Charges

25.1 Any applicable delivery charge will be displayed during checkout, stated
in our quotation or otherwise explained before we accept your order.

25.2 Standard delivery does not necessarily include:

• delivery to a particular room;
• assembly or installation;
• product set-up or adjustment;
• a product demonstration;
• removal of packaging;
• removal or disposal of an existing product; or
• a timed or nominated-day delivery.

25.3 Services not included within standard delivery may be available for an
additional charge.

25.4 Where more than one delivery method is available, you are responsible for
selecting the delivery option that best meets your requirements.

26. Estimated Delivery Times

26.1 Estimated delivery times are displayed on product pages or advised during
the ordering process where reasonably possible.

26.2 Many stocked products are normally delivered within approximately five
Business Days. Products supplied from a manufacturer, products temporarily out
of stock and specialist products may take longer.

26.3 Unless we expressly agree a guaranteed delivery date in writing, delivery
dates and lead times are estimates rather than guarantees.

26.4 Estimated delivery times may be affected by:

• manufacturer production schedules;
• supplier or distributor stock availability;
• product configuration or customisation;
• carrier capacity or disruption;
• weather conditions;
• industrial action;
• shortages of components or materials;
• customs or import delays; or
• events outside our reasonable control.

26.5 We will use reasonable efforts to keep you informed if we become aware of
a material delay.

26.6 Where the law requires delivery within an agreed period, or within a
reasonable period where no delivery period has been agreed, nothing in these
Terms reduces your applicable legal rights.

27. Delivery Required by a Particular Date

27.1 Please contact us before placing your order if delivery by a particular
date is essential.

27.2 We will tell you whether we can reasonably agree to the requested date.
A requested date will not be treated as guaranteed unless we expressly confirm
this in writing.

27.3 You should not arrange dependent work, travel, carers, contractors or the
disposal of existing equipment solely on the basis of an estimated delivery date.

27.4 Clause 27.3 does not exclude liability where you have informed us of a
particular requirement, we have expressly accepted responsibility for it and
liability cannot lawfully be excluded.

28. Delivery Appointments

28.1 Some products and delivery services require an appointment.

28.2 Where an appointment is arranged, you must ensure that:

• someone aged 18 or over is available to receive the goods;
• the delivery address and contact telephone number are correct;
• the delivery team can obtain safe and reasonable access;
• the intended delivery area is clear and ready;
• pets are kept safely away from the delivery route; and
• we are told in advance about any material access restrictions.

28.3 Delivery time windows are estimates unless expressly guaranteed. Traffic,
weather, earlier appointments and other operational circumstances may affect
arrival times.

28.4 We may contact you by telephone, text message or email to arrange or update
a delivery appointment.

29. Standard Delivery

29.1 Standard delivery may be made by us, a manufacturer, distributor or
third-party carrier.

29.2 Unless otherwise stated, standard delivery will normally be made to the
building entrance, doorstep or another safe and accessible delivery point.

29.3 Standard delivery personnel may not be authorised or insured to:

• carry products up or down stairs;
• move furniture or existing equipment;
• remove doors, windows or fixtures;
• assemble or modify products;
• provide clinical advice;
• dispose of existing equipment; or
• enter premises where conditions are unsafe.

29.4 Please select our Delivery & Set-Up Service where you require assembly,
demonstration or another enhanced service and it is available for the product.

30. Delivery & Set-Up Service

30.1 A paid Delivery & Set-Up Service may be available for selected mobility
scooters, powerchairs, wheelchairs, rise and recline chairs and other specialist
products.

30.2 The services included will be stated on the product page, quotation or
Order Confirmation. Depending on the product, they may include:

• pre-delivery inspection;
• delivery by trained personnel;
• unpacking;
• basic assembly;
• initial product set-up;
• installation of agreed accessories;
• a basic operational demonstration;
• removal of delivery packaging; and
• specified warranty call-outs during the first year.

30.3 Unless expressly stated, the Delivery & Set-Up Service does not include:

• a clinical or occupational-therapy assessment;
• structural alterations to the premises;
• electrical, plumbing or building work;
• removal of doors, windows, bannisters or fixed items;
• disposal of an existing product;
• ongoing training or supervision; or
• alterations not approved by the manufacturer.

30.4 Our delivery personnel may make reasonable adjustments permitted by the
manufacturer, but they are not authorised to make unsafe or unapproved
modifications.

30.5 A demonstration explains the product’s principal controls and normal
operation. It does not replace the user manual, safety instructions, practice
or any recommended clinical assessment.

30.6 Where a Delivery & Set-Up Service includes three warranty call-outs
during the first year, this entitlement applies only:

• to the product identified in the Order Confirmation;
• at the original qualifying delivery address unless otherwise agreed;
• within the stated geographical service area;
• during the applicable first-year period; and
• to visits concerning a reasonably suspected warranty fault.

30.7 The inclusion of call-outs does not mean that misuse, accidental damage,
punctures, routine maintenance, adjustments arising from normal use or other
non-warranty work will be completed free of charge.

30.8 We will explain any proposed charge before undertaking chargeable work.

31. Access Requirements

31.1 You are responsible for giving us accurate information about access to the
delivery address before delivery is arranged.

31.2 For large or specialist products, you should check:

• the width and height of gates and doorways;
• hallway and corridor widths;
• turning spaces;
• steps, slopes and thresholds;
• staircases and landings;
• lift dimensions and weight restrictions;
• floor strength and surface condition;
• parking and loading restrictions;
• the distance from the vehicle to the premises; and
• any access rules imposed by a building manager or care provider.

31.3 Product dimensions should be checked against the full delivery route, not
only the intended room or storage area.

31.4 We may request photographs, measurements or an access assessment before
agreeing to deliver a particularly large or heavy product.

31.5 Information provided remotely is dependent on the accuracy of the
measurements, photographs and descriptions supplied by you.

31.6 If you are uncertain about access, please contact us before placing the
order or approving a bespoke specification.

32. Unsafe or Impracticable Delivery Conditions

32.1 Our staff and contractors may refuse or suspend a delivery, installation
or set-up where they reasonably believe that proceeding would:

• create a risk of injury;
• damage the product or premises;
• breach health and safety requirements;
• require work outside the agreed service;
• require equipment or personnel not arranged in advance; or
• be unlawful or contrary to manufacturer instructions.

32.2 Where possible, we will explain the reason and discuss reasonable
alternatives.

32.3 Alternatives may include:

• delivery to another safe location;
• rearranging delivery;
• an additional access assessment;
• using specialist lifting or handling equipment;
• selecting a more suitable product; or
• cancelling the order in accordance with the Contract and applicable law.

32.4 Additional costs will not be incurred without being explained and agreed,
except where a reasonable cost is recoverable under the Contract or applicable law.

33. Failed Delivery

33.1 A delivery may be treated as unsuccessful where, despite reasonable efforts:

• no authorised person is available to receive the goods;
• the address supplied is incorrect or incomplete;
• the delivery team cannot obtain safe access;
• the recipient or premises refuses delivery;
• undisclosed access restrictions prevent delivery; or
• the customer does not comply with a previously agreed delivery arrangement.

33.2 If a delivery fails for a reason within your reasonable control, we may
recover the reasonable and evidenced costs of storage, redelivery, collection
or return to the supplier where legally permitted.

33.3 Any proposed charge will reflect the circumstances and costs incurred and
will not affect rights that cannot lawfully be excluded.

33.4 We will contact you to discuss redelivery, collection, storage or another
reasonable solution.

34. Refused Delivery

34.1 Please contact us before refusing delivery unless there is an immediate
safety concern or the goods are visibly and materially damaged.

34.2 Refusing delivery does not, by itself, complete a statutory cancellation.
Where you wish to cancel a Distance Contract, you should also clearly tell us
of your decision to cancel.

34.3 If you refuse delivery without a legal or contractual reason, we may recover
reasonable costs caused by the refusal where the law permits.

34.4 This clause does not restrict:

• your statutory right to cancel an eligible Distance Contract;
• your rights where goods are faulty or not as described; or
• your right to reject goods where the law allows you to do so.

35. Deliveries to Care Homes, Hospitals and Other Premises

35.1 If you ask us to deliver to a care home, hospital, supported-living
facility, workplace, reception, loading bay or another third-party location,
you authorise an appropriate representative at that location to receive the
goods on your behalf unless agreed otherwise.

35.2 You are responsible for:

• obtaining permission for the delivery;
• providing any required reference, ward, department or room information;
• telling the receiving location about the expected delivery;
• confirming relevant delivery hours and restrictions; and
• ensuring that an authorised person is available where necessary.

35.3 A delivery receipt signed by an authorised representative at the nominated
address may be treated as evidence of delivery.

35.4 Where a product requires a personal demonstration, set-up or assessment,
delivery to a reception or goods-in area will not be treated as completion of
that additional service unless agreed.

36. Collection from a Store or Service Centre

36.1 Where collection is agreed, we will notify you when the goods are available.

36.2 Please do not travel to collect an order until we have confirmed that it is
ready.

36.3 We may ask for:

• the order number;
• proof of identity;
• the payment card used for the purchase; or
• written authority where another person is collecting for you.

36.4 You are responsible for ensuring that the collecting vehicle is suitable
and that the goods can be transported safely.

36.5 Our staff may assist with loading where safe and reasonably practicable,
but they may refuse to load goods into an unsuitable or overloaded vehicle.

36.6 Unless otherwise agreed, goods should be collected within 14 calendar days
after we notify you that they are ready.

36.7 If goods remain uncollected, we will attempt to contact you. We may recover
reasonable storage or handling costs where these have been explained and are
legally recoverable.

37. Inspection at Delivery or Collection

37.1 You should inspect the external condition of the goods and packaging as
soon as reasonably practicable.

37.2 If you notice visible transit damage, missing packages or an incorrect
product, please:

• tell the delivery team where practicable;
• record the concern on the delivery document where possible;
• take clear photographs of the goods and packaging; and
• contact us as soon as reasonably possible.

37.3 Prompt reporting helps us investigate the issue with the carrier or
manufacturer. Failure to report immediately does not remove your statutory
rights.

37.4 Signing a delivery document confirms receipt of the delivery. It does not
necessarily confirm that you have fully inspected the goods or accepted any
hidden defect.

37.5 You should retain the packaging until you have reasonably checked the
product, where doing so is practical.

38. Installation and Product Set-Up

38.1 Installation or set-up will be provided only where included in the Contract.

38.2 You must ensure that the premises are suitable and that any required
electricity supply, access, floor space or other facility is safe and available.

38.3 Our staff do not undertake fixed electrical work, structural work, plumbing
or other regulated work unless this has been expressly agreed and is carried out
by a suitably qualified person.

38.4 We may refuse to connect a product to an electrical supply that appears
damaged, unsuitable or unsafe.

38.5 You must not ask our staff to modify the product, premises or manufacturer
safety features contrary to applicable instructions.

38.6 Following set-up, you should read the complete user manual and safety
information before using the product independently.

39. Packaging

39.1 Where practicable, we recommend retaining the original packaging for a
reasonable period following delivery.

39.2 Original or suitable protective packaging may be important if the product
must later be transported, returned or sent for repair.

39.3 The absence of original packaging does not automatically remove your legal
rights. However, you remain responsible for taking reasonable care to package
goods safely where you are responsible for returning them.

39.4 Please contact us before returning a large, fragile or specialist product
so we can advise on safe transportation or arrange collection where appropriate.

40. Risk of Loss or Damage

40.1 For a sale to a Consumer, the goods normally remain at our risk until they
come into the physical possession of:

• you; or
• a person identified by you to take possession of the goods.

40.2 If you independently appoint a carrier that was not offered or arranged by
us, risk may pass when the goods are delivered to that carrier, to the extent
permitted by law.

40.3 Once risk has passed to you, you are responsible for loss or damage that is
not caused by a defect existing at delivery, our breach of contract or another
matter for which we remain legally responsible.

40.4 Different risk arrangements may apply to a Business Customer where expressly
agreed in writing.

41. Ownership of Goods

41.1 For Consumer purchases, ownership of the goods will normally pass to you
once we have received payment in full and the goods have been delivered.

41.2 Until ownership passes, you must not sell, pledge, materially modify or
dispose of the goods.

41.3 Where goods are supplied under a separate finance or credit arrangement,
ownership may be governed by the terms of that agreement.

41.4 Retention of ownership does not allow us to interfere with statutory
consumer rights or recover goods without following the law.

42. Delivery Delays and Your Rights

42.1 If delivery is delayed, please contact us so that we can investigate and
provide an updated estimate.

42.2 Depending on the circumstances, you may be entitled to require delivery
within an additional reasonable period or to end the Contract if we fail to
deliver within the agreed or legally required time.

42.3 Where delivery by a particular date was essential, you informed us before
the Contract was formed and we accepted that requirement, you may have the right
to end the Contract if the essential date is missed.

42.4 If you validly end the Contract because of non-delivery, we will reimburse
payments due to you without undue delay.

42.5 Nothing in these Terms requires a Consumer to accept an indefinite delay or
removes any mandatory remedy available under consumer law.

43. Events Outside Our Reasonable Control Affecting Delivery

43.1 We will not be responsible for a failure or delay caused by an event outside
our reasonable control where and to the extent that the law permits.

Such events may include:

• severe weather, flooding, fire or natural disaster;
• epidemics, pandemics or public-health restrictions;
• war, terrorism, civil unrest or acts of government;
• industrial action not limited to our own workforce;
• transport, port, customs or border disruption;
• interruption of power, communications or essential services;
• unexpected shortages of components or materials;
• manufacturer or supplier disruption beyond our reasonable control; or
• carrier failure despite reasonable selection and management.

43.2 We will take reasonable steps to reduce the effect of the event and keep you
informed where your order is materially affected.

43.3 If the event continues for a substantial period or prevents performance,
we will discuss the available alternatives, including any applicable right to
cancel and receive a refund.

44. Application of This Returns Section

44.1 This section explains the cancellation, returns and refund arrangements
applying to purchases from First Choice Mobility.

44.2 Different rights may apply depending on:

• whether you are purchasing as a Consumer or Business Customer;
• whether the purchase was made at a distance or in one of our stores;
• whether the goods are standard, bespoke, personalised or hygiene-sensitive;
• whether you have simply changed your mind; or
• whether the goods are faulty, damaged, unsuitable or incorrectly described.

44.3 Change-of-mind cancellation rights are separate from your legal rights where
goods are faulty, not as described or otherwise fail to conform to the Contract.

44.4 Nothing in this section excludes or restricts any statutory right or remedy
that cannot lawfully be excluded or restricted.

45. Cancelling Before Dispatch

45.1 You may ask to cancel an order at any time before dispatch.

45.2 Please contact us as soon as possible using the contact details in these
Terms.

45.3 For standard goods that have not been dispatched, we will normally be able
to cancel the order and issue a refund.

45.4 Cancellation may not be possible, or reasonable costs may already have been
incurred, where:

• manufacture of a bespoke or personalised product has begun;
• goods have been modified or configured to an approved specification;
• a requested service has already been performed with your agreement;
• goods have already been dispatched; or
• another lawful cancellation exclusion applies.

45.5 Where goods have already been dispatched, the cancellation and return
provisions below will apply.

46. Statutory Right to Cancel a Distance Contract

46.1 If you are a Consumer purchasing through our website, by telephone or
through another Distance Contract, you normally have the right to cancel without
giving a reason, unless an applicable legal exclusion applies.

46.2 For a Contract involving one item or goods delivered together, the
cancellation period ends 14 calendar days after the day on which you, or a person
nominated by you, takes physical possession of the goods.

46.3 If one order contains multiple goods delivered on different days, the
cancellation period normally ends 14 calendar days after the day on which you,
or your nominated recipient, takes possession of the final item.

46.4 If goods consist of multiple lots or pieces delivered on different days,
the cancellation period normally ends 14 calendar days after receipt of the
final lot or piece.

46.5 For a regular delivery of goods over a defined period, the cancellation
period normally ends 14 calendar days after receipt of the first delivery.

46.6 The right described in this clause does not depend on the goods being faulty.

46.7 These cancellation rights apply to eligible Consumers and do not generally
apply to purchases made wholly or mainly for business purposes.

47. How to Cancel

47.1 To exercise your right to cancel, you must tell us clearly that you have
decided to cancel the Contract before the cancellation period expires.

You may notify us by:

• telephone on
  01843 292136;
• email at
  [email protected]

47.2  Any clear statement communicating your decision to cancel is sufficient, or use the Model cancellation form below.

47.3 We recommend retaining evidence of when and how you submitted your
cancellation.

47.4 Merely returning goods or refusing delivery without clearly communicating
cancellation may delay processing. This does not prevent us from treating your
actions as cancellation where your intention is otherwise clear.

48. Model Cancellation Form

49. Returning Goods After Cancellation

49.1 Unless we have agreed to collect the goods, you must return them without
undue delay and no later than 14 calendar days after telling us that you have
cancelled.

49.2 The return deadline is met if you send the goods before the 14-day return
period expires.

49.3 Before returning any goods, please contact us so that we can:

• provide the correct return address;
• identify the goods and order;
• provide safe packaging or handling guidance;
• arrange collection where appropriate; and
• avoid goods being sent to a manufacturer or location unable to accept them.

49.4 Our request that you contact us first is intended to assist with the return.
It does not remove a statutory right to cancel.

49.5 You must take reasonable care to package the goods securely and include
sufficient information to identify the order.

49.6 Where you arrange the return, we recommend using an appropriately insured
and trackable service suitable for the size, weight, value and nature of the
goods.

For details on how to return items, please visit our Returns Page

50. Cost of Returning Change-of-Mind Goods

50.1 Where you cancel an eligible Distance Contract because you have changed
your mind, you will normally be responsible for the direct cost of returning
the goods, provided we informed you of this responsibility before the Contract
was formed.

50.2 Some mobility products cannot reasonably be returned by normal post because
of their size, weight, construction or battery type.

50.3 For large goods, you may:

• arrange an appropriate insured carrier yourself; or
• ask us whether we can arrange collection for an agreed charge.

50.4 Any collection charge will be explained before collection is booked and
will reflect the reasonable direct cost of returning the goods.

50.5 You will not be responsible for reasonable return costs where goods are
faulty, incorrectly supplied, damaged before risk passed to you or otherwise
non-conforming and the law requires us to meet those costs.

50.6 If the required information about return costs was not provided before the
Contract was formed, responsibility for those costs will be determined in
accordance with applicable law.

51. Examination and Handling of Goods

51.1 During the cancellation period, you may examine the goods to establish
their nature, characteristics and functioning.

51.2 You should handle the goods only as you would reasonably be permitted to
handle or inspect them in a retail showroom.

51.3 Examples of handling that may go beyond what is reasonably necessary can
include:

• using a mobility scooter outdoors for an extended journey;
• using a wheelchair or powerchair beyond a reasonable indoor assessment;
• allowing tyres, upholstery or controls to become marked or damaged;
• removing protective coverings where this is not necessary for inspection;
• registering, modifying or permanently programming the product;
• fitting accessories in a way that marks or alters the goods;
• using a rise and recline chair for prolonged everyday use; or
• failing to return supplied accessories, chargers, manuals or components.

51.4 These examples are illustrative. Whether handling is excessive will depend
on the nature of the particular goods and the circumstances.

51.5 You should not use goods in a way that creates avoidable hygiene, safety or
contamination concerns.

52. Deductions for Diminished Value

52.1 Where permitted by law, we may reduce a change-of-mind refund to reflect a
reduction in the value of the goods caused by handling beyond what was reasonably
necessary to establish their nature, characteristics and functioning.

52.2 Any deduction will be based on the actual reduction in value and the
reasonable condition of the returned goods, rather than an automatic restocking
percentage.

52.3 In assessing any reduction in value, we may consider:

• visible wear, marks, scratches or damage;
• tyre, wheel or upholstery condition;
• mileage or recorded usage;
• missing accessories or components;
• cleaning, sanitation or testing reasonably required;
• whether packaging or documents are missing where this reduces resale value;
• whether the product can still lawfully and safely be resold; and
• the difference between the original value and the reasonable resale value.

52.4 We will explain any deduction and provide reasonable supporting information.

52.5 We will not make a deduction merely because packaging has been opened where
opening it was reasonably necessary to inspect the goods.

52.6 This clause concerns change-of-mind cancellations and does not reduce your
remedies where goods are faulty or non-conforming.

53. Refunds Following Statutory Cancellation

53.1 Where you validly cancel an eligible Distance Contract, we will refund the
payments due to you in accordance with applicable law.

53.2 The refund will include the price paid for the returned goods and the cost
of the least expensive standard delivery method we offered, where a delivery
refund is legally required.

53.3 If you selected an enhanced or more expensive delivery service, we are not
required to refund the amount exceeding the cost of our least expensive standard
delivery option.

53.4 We may withhold the refund until:

• we receive the goods back.

where the law permits us to do so.

53.5 Subject to clause 53.4, refunds will be made without undue delay and no
later than the applicable statutory deadline.

53.6 We will normally use the same payment method used for the original
transaction unless you expressly agree otherwise.

53.7 You will not be charged a fee solely for receiving the refund.

54. Goods Made to Specification or Clearly Personalised

54.1 The statutory change-of-mind cancellation right does not normally apply to
goods that are:

• made to your specification; or
• clearly personalised.

54.2 This may include products made or materially adapted using selections,
measurements or requirements specific to the intended customer, such as:

• made-to-measure wheelchairs;
• specialist seating configured to individual measurements;
• custom pressure-management systems;
• powerchairs materially configured to an individual prescription;
• chairs manufactured in a customer-selected non-standard size or combination;
• products altered or adapted specifically for the customer; and
• items personalised with a name or unique identifying information.

54.3 Before manufacture or modification begins, we may ask you to sign or
otherwise approve an Order Confirmation recording the agreed specification.

54.4 You are responsible for checking measurements, colours, fabrics,
configuration, controls, accessories and other recorded requirements before
approval.

54.5 Where a specification is based on information supplied by you or a third
party acting on your behalf, we may rely on the accuracy of that information.

54.6 This exclusion does not apply merely because we did not hold an otherwise
standard product in stock or ordered it from a supplier after receiving your
order.

54.7 Nothing in this clause affects your rights where bespoke or personalised
goods are faulty, incorrectly made, not as described or do not match the
specification we agreed.

55. Made-to-Order and Special-Order Goods

55.1 Some products are described as made-to-order or special-order because they
are manufactured, assembled or obtained after the order is placed.

55.2 A made-to-order or special-order description does not, by itself, remove a
Consumer’s statutory cancellation right.

55.3 The statutory exclusion will apply only where the goods meet a relevant
legal exclusion, including where they are genuinely made to your specification
or clearly personalised.

55.4 Where a standard made-to-order product remains eligible for cancellation,
the normal cancellation and returns provisions in these Terms will apply.

55.5 For in-store purchases, or cancellations outside statutory rights, we may
consider whether the product was obtained specifically for you when deciding
whether to accept a discretionary return.

56. Sealed Health and Hygiene Goods

56.1 The statutory change-of-mind right may cease to apply to sealed goods that:

• are not suitable for return for health-protection or hygiene reasons; and
• have been unsealed after delivery.

56.2 Depending on their nature and packaging, relevant products may include:

• incontinence products;
• toileting and personal-care products;
• mattresses and mattress protectors;
• pressure-relief cushions;
• slings;
• bathing and showering products;
• continence garments;
• personal-use supports or braces; and
• other products clearly identified before purchase as hygiene-sensitive.

56.3 The exclusion does not apply automatically to every product used for
healthcare or personal care. It applies only where the legal conditions are met.

56.4 Where practical, hygiene-sensitive products will be supplied with a seal,
protective packaging or clear notice explaining the effect of opening them.

56.5 Please inspect the description, size and external packaging before breaking
a hygiene seal.

56.6 This clause does not affect your rights where the goods are faulty, damaged,
incorrectly supplied or not as described.

57. Services Started During the Cancellation Period

57.1 A Consumer normally has 14 calendar days after a service Contract is formed
to cancel it, unless an exclusion applies.

57.2 If you ask us to begin a service during the cancellation period, we may ask
you to make an express request confirming that you want the service to start
early.

57.3 If you then cancel before the service has been fully performed, you may be
required to pay a proportionate amount for the service properly provided up to
the time of cancellation, where the legal requirements are met.

57.4 If the service has been fully performed during the cancellation period
following your express request and acknowledgement, the statutory cancellation
right may be lost where permitted by law.

57.5 This clause may apply to separately purchased services such as:

• assessments;
• delivery and installation;
• product set-up;
• servicing;
• diagnostic visits; and
• repairs.

57.6 It does not prevent you from relying on legal rights where a service was not
performed with reasonable care and skill or otherwise failed to conform to the
Contract.

58. In-Store and Other Change-of-Mind Returns

58.1 There is no automatic statutory right to return fault-free goods purchased
in one of our stores merely because you have changed your mind.

58.2 This also generally applies where a purchase was concluded following a
face-to-face transaction at our business premises.

58.3 We may nevertheless agree to accept a change-of-mind return as a gesture of
goodwill.

58.4 Any goodwill return may be subject to reasonable conditions, including that:

• you contact us within the period we specify;
• the goods are unused and in a resalable condition;
• all accessories, manuals and components are returned;
• the goods are not bespoke, personalised or hygiene-excluded;
• proof of purchase is provided; and
• any reasonable collection or return arrangements are agreed.

58.5 Acceptance of one goodwill return does not require us to accept another.

58.6 Any written goodwill returns promise provided at the point of sale will be
honoured according to its stated terms.

59. Incorrect, Damaged or Incomplete Deliveries

59.1 Please contact us as soon as reasonably possible if:

• you receive the wrong product;
• an item or accessory is missing;
• goods appear to have been damaged in transit;
• the quantity supplied is incorrect; or
• the product does not match the agreed Order Confirmation.

59.2 We may ask you to provide photographs, packaging information, serial
numbers or other reasonable evidence so that we can investigate promptly.

59.3 Where the issue is our responsibility, we will arrange an appropriate remedy
and meet reasonable return or collection costs where legally required.

59.4 You should not continue using a visibly damaged product where doing so may
be unsafe or cause further damage.

59.5 Reporting an issue promptly assists our investigation but does not remove
any statutory rights merely because notification was not immediate.

60. Your Statutory Rights for Faulty Goods

60.1 Goods supplied to a Consumer must meet the legal standards applicable to
the Contract, including being of satisfactory quality, fit for any particular
purpose made known and as described.

60.2 Where goods do not conform to the Contract, statutory remedies may include:

• the short-term right to reject;
• repair or replacement;
• a price reduction; or
• the final right to reject,

depending on the circumstances, timing and applicable law.

60.3 The short-term right to reject will normally last for at least 30 days,
subject to the rules applying to the particular goods and circumstances.

60.4 If you agree to a repair or replacement during the short-term rejection
period, the relevant statutory time limit may pause while the repair or
replacement is undertaken.

60.5 After the short-term rejection period, repair or replacement will normally
be the first statutory remedy, unless that remedy is impossible or
disproportionate.

60.6 If repair or replacement is unsuccessful, impossible, not completed within
a reasonable time or causes significant inconvenience, you may have a right to
a price reduction or final rejection.

60.7 The precise remedy depends on the facts. Nothing in these Terms replaces or
reduces the remedies provided by the Consumer Rights Act 2015.

60.8 A manufacturer’s warranty is additional to these rights and is not a
substitute for them.

61. Reporting and Assessing a Suspected Fault

61.1 If you believe a product is faulty, please stop using it where continued use
could be unsafe or cause additional damage and contact us promptly.

61.2 To help identify the issue, we may reasonably ask for:

• your order number or proof of purchase;
• the product make, model and serial number;
• a description of the symptoms;
• photographs or video;
• details of when the problem began;
• battery-charging information;
• error codes or display messages; and
• information about use, maintenance or accidental damage.

61.3 Asking for diagnostic information does not prevent you from exercising a
statutory right. It helps us determine the safest and most appropriate remedy.

61.4 Depending on the product and reported issue, we may arrange:

• telephone troubleshooting;
• remote diagnostic support;
• an engineer inspection;
• collection for workshop assessment;
• manufacturer assessment;
• repair;
• replacement; or
• another remedy required by law.

61.5 You must allow us a reasonable opportunity to inspect or assess an alleged
fault where inspection is reasonably necessary to determine the appropriate
remedy.

61.6 We will not require a Consumer to pay the reasonable costs of returning
genuinely faulty goods where those costs are our legal responsibility.

61.7 If inspection shows that no inherent fault exists and the issue arose from
misuse, accidental damage, lack of maintenance, unauthorised modification or
another non-warranty cause, we may offer a chargeable repair or return service.

61.8 We will explain any proposed charge before carrying out chargeable work.

62. Repairs, Replacements and Refunds for Faulty Goods

62.1 Any repair or replacement provided as a statutory remedy will be completed:

• within a reasonable time;
• without significant inconvenience to the Consumer; and
• without the Consumer bearing costs that the law requires us to meet.

62.2 The appropriate remedy will depend on factors including:

• the nature and seriousness of the fault;
• when the fault arose;
• the value and expected lifespan of the product;
• parts and replacement-product availability;
• whether repair or replacement is possible; and
• the requirements of applicable consumer law.

62.3 A replacement may be the same model or, where that model is unavailable, an
equivalent product agreed with you.

62.4 A statutory refund will be made without undue delay and within the period
required by law.

62.5 Where the law permits a deduction for use following final rejection, any
deduction will be calculated fairly and in accordance with applicable law.

62.6 No deduction for use will be made where the law prohibits one.

63. Exchanges

63.1 We may offer or agree an exchange where:

• an exchange is an appropriate statutory remedy;
• you request an alternative as part of a change-of-mind return;
• the original product is unsuitable but not faulty; or
• we agree an exchange as a gesture of goodwill.

63.2 Exchanges are subject to availability and any applicable difference in price.

63.3 Where the replacement product costs more, the additional amount must be paid
before supply.

63.4 Where the replacement costs less, any amount due will be refunded or credited
according to the agreed arrangement.

63.5 A discretionary exchange does not remove any statutory rights you may have.

64. Refund Payment Method and Third-Party Finance

64.1 Refunds will normally be issued to the original payment method.

64.2 Where the purchase was funded through Klarna, PayPal Credit or another
third-party finance provider, the refund may be sent to that provider for
allocation to the relevant account.

64.3 Processing times after we issue a refund may vary between banks, card
issuers and payment providers.

64.4 We are responsible for issuing a refund within the legally applicable
period. We are not responsible for additional internal processing time imposed
solely by the customer’s bank or payment provider.

64.5 Where a payment card has expired or an account has closed, please contact
us so that a secure and legally appropriate refund arrangement can be agreed.

65. Return Identification and Unauthorised Returns

65.1 Please include your name, order number and contact details with returned
goods.

65.2 Goods sent without identifying information may take longer to process while
we establish who returned them and why.

65.3 Goods should not be returned to a manufacturer, distributor, store or
service location unless we have confirmed that the location can accept them.

65.4 We will take reasonable steps to identify and safeguard unidentified
returned goods.

65.5 Failure to obtain a returns reference does not automatically remove a
statutory right, although it may delay administration.

66. Statutory Rights and Manufacturer Warranties

66.1 Most new products supplied by First Choice Mobility include a manufacturer’s
warranty or guarantee for a stated period.

66.2 A manufacturer’s warranty is provided in addition to your statutory rights.
It does not replace, restrict or reduce any remedy available to you under
applicable consumer law.

66.3 Your legal rights are against First Choice Mobility where we supplied the
goods to you, even where the manufacturer assists with inspection, repair or
replacement.

66.4 The existence or expiry of a manufacturer’s warranty does not, by itself,
determine whether you have a statutory claim.

66.5 Warranty periods, conditions and exclusions vary between manufacturers and
products. The applicable warranty information may be stated:

• on the relevant product page;
• in the quotation or Order Confirmation;
• within the manufacturer’s documentation; or
• in a separate written warranty supplied with the product.

66.6 If there is any inconsistency between these Terms and a mandatory statutory
right, the statutory right will apply.

67. Warranty Periods

67.1 Unless otherwise stated, most new products are supplied with a minimum
12-month manufacturer’s warranty.

67.2 Some products, components and accessories may have:

• a longer warranty period;
• a shorter warranty period;
• a separate battery warranty;
• a limited parts-only warranty;
• a return-to-base warranty; or
• specific commercial-use restrictions.

67.3 The warranty period normally begins on the date of delivery unless the
relevant manufacturer’s written terms provide otherwise.

67.4 Replacement parts fitted under warranty may be covered for the remainder of
the original warranty period or for another period specified by the manufacturer.

67.5 A warranty repair does not automatically restart the full original warranty
period unless expressly stated by the manufacturer or required by law.

68. What a Manufacturer’s Warranty Normally Covers

68.1 Subject to the manufacturer’s own terms, a warranty will normally cover
manufacturing defects arising from defective materials or workmanship during
normal and appropriate use.

68.2 Where a valid warranty claim is confirmed, the available remedy may include:

• repair of the defective component;
• replacement of the defective component;
• replacement of the product;
• a manufacturer-approved alternative product; or
• another remedy required by applicable law.

68.3 The appropriate remedy will depend on:

• the nature of the fault;
• the manufacturer’s warranty terms;
• parts availability;
• the product’s age and condition;
• whether repair is safe and proportionate; and
• your statutory rights.

68.4 A warranty does not guarantee that every reported issue will be repaired
on-site or during the first engineer visit.

69. Warranty Exclusions

69.1 Subject to your statutory rights and the manufacturer’s terms, warranty cover
will not normally apply to damage, deterioration or faults caused by:

• normal wear and tear;
• accidental damage;
• impact, collision or overturning;
• misuse, abuse or neglect;
• overloading beyond the stated maximum user weight;
• use outside the manufacturer’s intended purpose;
• water ingress, flooding or inappropriate weather exposure;
• improper storage;
• failure to follow operating or charging instructions;
• failure to carry out reasonable routine maintenance;
• unauthorised repair, alteration or modification;
• use of incompatible parts, chargers, batteries or accessories;
• commercial or multi-user use where the product is intended for private domestic use;
• damage caused during transport arranged independently by the customer; or
• continued use after a fault or safety concern became apparent.

69.2 Cosmetic marks, fading, minor surface deterioration or other appearance
changes that do not arise from a defect and do not affect safe operation will
not normally be treated as warranty faults.

69.3 A warranty exclusion will be relied upon only where it is relevant to the
reported problem.

69.4 An unrelated failure to service or maintain a product will not automatically
invalidate every warranty claim.

69.5 Nothing in this clause excludes liability for goods that failed to conform
to the Contract when supplied.

70. Batteries

70.1 Batteries are consumable components and their capacity and performance
naturally reduce with age and use.

70.2 Battery life and operating range may be affected by:

• battery age and condition;
• charging frequency and charging method;
• periods of storage or non-use;
• ambient temperature;
• user and luggage weight;
• hills, gradients and terrain;
• frequent stopping and starting;
• tyre pressures;
• speed and driving style;
• use of lights and powered accessories; and
• the mechanical condition of the product.

70.3 Published range figures are normally manufacturer estimates produced under
controlled test conditions. Actual range may be materially lower.

70.4 You must use only a compatible and manufacturer-approved charger unless we
expressly confirm another charger is suitable.

70.5 Batteries should be charged, stored and maintained in accordance with the
manufacturer’s instructions.

70.6 Leaving batteries in a discharged state, using an incompatible charger,
exposing batteries to unsuitable temperatures or failing to charge them during
storage may cause permanent damage.

70.7 Normal loss of capacity through age and ordinary use is not generally a
manufacturing defect.

70.8 A sudden or abnormal battery failure within the applicable warranty period
will be assessed to determine whether a manufacturing defect exists.

70.9 Battery assessment may require capacity, voltage, load or charger testing.

70.10 Lithium batteries must not be opened, modified, crushed, punctured, exposed
to excessive heat or charged using an unsuitable charger.

70.11 A damaged, swollen, overheating or unusually odorous battery should not be
used or charged. Contact us promptly for advice.

71. Tyres, Tubes and Other Consumable Components

71.1 Components that wear through normal use are not normally covered simply
because replacement becomes necessary.

Consumable and wear components may include:

• tyres;
• inner tubes;
• puncture-repair materials;
• brake pads and brake adjustments;
• motor brushes;
• drive belts;
• bulbs and certain lights;
• fuses;
• castors and wheels subject to ordinary wear;
• upholstery and fabric exposed to everyday use;
• arm pads and hand grips;
• rubber components;
• paintwork and cosmetic finishes;
• cables requiring adjustment through normal use; and
• batteries affected by normal degradation.

71.2 Punctures are not normally manufacturing defects.

71.3 Premature failure caused by defective materials or workmanship may still be
covered by the applicable warranty or statutory rights.

71.4 We may need to inspect the component before determining whether the issue is
wear and tear, accidental damage or a manufacturing defect.

72. Reporting a Warranty Concern

72.1 If you believe a product has developed a warranty fault, please contact our
Service Department:

72.2 Please provide, where available:

• your name and contact details;
• the order number or proof of purchase;
• the make and model;
• the serial number;
• a clear description of the problem;
• when the issue first arose;
• any relevant error code;
• photographs or video; and
• information about charging, use and recent events.

72.3 We may initially offer telephone or remote troubleshooting where this is
safe and appropriate.

72.4 Remote troubleshooting does not remove your right to an inspection, repair
or other remedy where one is legally required.

73. Engineer Visits

73.1 Where an engineer visit is appropriate, we will arrange attendance within a
reasonable period, taking account of:

• the seriousness of the reported issue;
• whether the product is safe to use;
• the customer’s location;
• engineer availability;
• parts availability; and
• manufacturer involvement.

73.2 You must ensure:

• someone aged 18 or over is present where required;
• the engineer can gain safe access;
• the product is available and reasonably clean;
• pets are kept safely away from the working area;
• any relevant charger, key, manual or accessory is available; and
• we are told about known health, safety or access risks in advance.

73.3 Our engineers may refuse or stop work where:

• the environment is unsafe;
• the product is contaminated or presents a biological hazard;
• the work requested is unlawful or outside their competence;
• unauthorised modifications make the product unsafe;
• aggressive or abusive behaviour occurs; or
• continuing would create a risk of injury or damage.

73.4 Where safe and appropriate, we will explain what is required before another
visit can be arranged.

74. Included Warranty Call-Outs

74.1 Where your Order Confirmation expressly states that our paid Delivery &
Set-Up Service includes three warranty call-outs during the first year, those
call-outs are subject to this clause.

74.2 An included call-out means one engineer attendance at the qualifying
address to investigate a reasonably reported potential warranty fault.

74.3 Included call-outs:

• apply only during the stated first-year period;
• apply only to the product identified in the order;
• apply within our normal service area;
• are subject to reasonable appointment availability;
• cannot be transferred to another product or customer; and
• have no cash value.

74.4 A call-out may still count as one of the included visits where the engineer
attends and:

• the reported fault cannot be reproduced;
• the product requires workshop assessment;
• a further part must be ordered;
• the problem is caused by user operation or adjustment; or
• the visit cannot be completed because agreed access was unavailable.

74.5 We will act reasonably when deciding whether a visit should count where the
engineer could not carry out a meaningful inspection for reasons outside the
customer’s control.

74.6 Included warranty call-outs do not include free:

• routine servicing;
• puncture repair;
• replacement of normally worn tyres or tubes;
• battery replacement due to ordinary degradation;
• repair of accidental damage;
• collection unrelated to a suspected warranty defect;
• training beyond a reasonable operational demonstration; or
• work required because of misuse or unauthorised modification.

74.7 Where the issue is not covered, we may offer chargeable assistance. No
chargeable work will be carried out without your agreement.

74.8 Your statutory rights do not depend on whether included call-outs remain
available.

75. Return-to-Base Warranty Arrangements

75.1 Where you did not purchase a delivery or support package that includes
on-site call-outs, warranty support may operate on a return-to-base basis.

75.2 Unless another location is agreed, products requiring return-to-base
assessment should be sent or brought to:

75.3 Please contact us before sending or bringing equipment so we can confirm:

• the appropriate location;
• whether an appointment is required;
• safe packaging and battery arrangements;
• whether collection is more appropriate; and
• what supporting information is needed.

75.4 A return-to-base warranty term may require a Consumer to pay costs in relation to faulty goods.

75.5 Where the issue is not a statutory fault or covered warranty claim, the cost
of delivery, collection, diagnosis and repair may be chargeable.

76. Workshop Assessment

76.1 Some faults cannot safely or effectively be diagnosed or repaired at the
customer’s premises.

76.2 Workshop assessment may be required where:

• specialist diagnostic equipment is needed;
• the product must be dismantled;
• electrical or controller testing is required;
• the repair requires lifting equipment;
• the manufacturer requests further investigation;
• several components may be involved; or
• on-site repair would be unsafe or impracticable.

76.3 Where collection is necessary, we will explain the collection arrangements
and any applicable charge before collection is booked.

76.4 Where the product is confirmed to be faulty and collection costs are our
legal responsibility, those reasonable costs will not be charged to the Consumer.

76.5 Workshop assessment may include reasonable testing, dismantling,
inspection, charging and road or operational testing.

76.6 You authorise reasonable diagnostic work needed to identify the reported
issue. We will seek your approval before carrying out additional chargeable
repairs.

77. Chargeable Repairs and Estimates

77.1 Where a repair is not covered by statutory rights, a warranty or an agreed
service plan, the repair will be chargeable.

77.2 We may charge for:

• diagnosis;
• engineer travel and attendance;
• collection and redelivery;
• labour;
• replacement parts;
• manufacturer or third-party charges;
• specialist testing; and
• agreed storage.

77.3 We will explain applicable charges before undertaking chargeable work where
reasonably possible.

77.4 An estimate is our reasonable assessment of the likely cost based on the
information available before or during initial inspection.

77.5 An estimate is not a fixed quotation unless expressly described as one.

77.6 If further defects or necessary work become apparent after dismantling, we
will contact you before materially exceeding the approved estimate.

77.7 We may complete minor additional work without further approval only where:

• you have expressly authorised a stated tolerance in advance; or
• the work is immediately necessary to make the equipment safe and the cost is reasonable.

77.8 Where urgent safety work is undertaken without prior contact, we will explain
what was done and why.

78. Diagnostic Charges

78.1 A diagnostic charge may apply where equipment is inspected and:

• no inherent or warranty fault is found;
• the reported problem arises from misuse or accidental damage;
• the problem is caused by a consumable or maintenance item;
• the customer declines the proposed repair;
• the equipment has been modified or previously repaired improperly; or
• the assessment is requested outside any applicable warranty.

78.2 We will tell you about the diagnostic charge before accepting chargeable
inspection work.

78.3 We may waive or credit the diagnostic charge against an approved repair at
our discretion.

78.4 No diagnostic charge will be used to obstruct or penalise a valid statutory
claim.

79. Repair Times

79.1 Repair times vary depending on:

• the nature of the fault;
• parts availability;
• manufacturer response times;
• whether specialist programming is required;
• workshop workload;
• the age of the equipment; and
• whether further faults are identified.

79.2 Any repair completion date is an estimate unless expressly guaranteed in
writing.

79.3 We will use reasonable efforts to complete repairs promptly and keep you
informed of material delays.

79.4 A statutory repair or replacement will be provided within a reasonable time
and without significant inconvenience where required by law.

80. Replacement and Loan Equipment

80.1 We do not automatically provide temporary replacement or loan equipment
while a product is being inspected or repaired.

80.2 Loan equipment may occasionally be available:

• at our discretion;
• subject to availability;
• subject to suitability and safety;
• within a stated geographical area;
• under a separate loan agreement; and
• possibly subject to delivery or collection charges.

80.3 Loan equipment may differ from the customer’s own product and may have
different controls, dimensions, features or performance.

80.4 Customers using loan equipment must:

• follow the operating instructions;
• take reasonable care of it;
• use it only for its intended purpose;
• report damage or faults promptly; and
• return it when requested.

80.5 We may charge for loss or damage caused by misuse or lack of reasonable care,
but not for fair wear and tear.

80.6 Nothing in this clause limits any statutory remedy for significant
inconvenience caused by delay.

81. Servicing

81.1 Regular servicing can help maintain safety, performance and reliability.

81.2 Unless a service plan is expressly included, routine servicing is separate
from warranty support and is chargeable.

81.3 A service may include checks appropriate to the product, such as:

• frame and structural condition;
• steering and controls;
• brakes;
• tyres and wheels;
• electrical connections;
• batteries and charging;
• motors and transaxles;
• seat and restraint components;
• lights and indicators;
• folding and locking mechanisms;
• fasteners and adjustments; and
• general operational safety.

81.4 A routine service does not guarantee that a component will not later fail.

81.5 A service report reflects the condition reasonably observable at the time
of inspection.

81.6 If we identify additional repair work, we will explain it and seek approval
before carrying out chargeable repairs, except for urgent minor work authorised
under clause 77.

82. Customer Maintenance Responsibilities

82.1 You are responsible for reasonable routine care and user maintenance in
accordance with the manufacturer’s instructions.

This may include:

• charging batteries correctly;
• maintaining recommended tyre pressures;
• keeping the product clean and dry;
• checking tyres and visible components;
• keeping folding and locking mechanisms free from obstruction;
• not exceeding the maximum user or load weight;
• storing the product in suitable conditions;
• reporting unusual noises, warning lights or reduced performance;
• arranging recommended servicing; and
• stopping use where continued operation may be unsafe.

82.2 Failure to carry out relevant maintenance may affect warranty cover only
where that failure caused or materially contributed to the fault.

83. Spare Parts and Compatibility

83.1 We supply genuine manufacturer parts and compatible replacement parts,
depending on availability and suitability.

83.2 To identify a part, we may require:

• the product make and model;
• the serial number;
• the existing part number;
• clear photographs;
• connector details;
• measurements; and
• information shown on labels or control units.

83.3 Parts can vary between production years and versions of the same model.

83.4 Compatibility advice given remotely depends on the accuracy and completeness
of the information supplied.

83.5 Where an original part is obsolete or unavailable, we may recommend a
compatible alternative.

83.6 We will tell you where an alternative requires additional fitting,
adaptation or professional installation.

83.7 Electrical, controller, motor, brake and structural parts should be fitted
only by a suitably competent person.

83.8 We are not responsible for damage caused by incorrect installation carried
out by the customer or an unrelated third party.

83.9 This clause does not affect your rights where we supplied an incorrect or
misdescribed part based on accurate information provided to us.

84. Customer-Supplied Parts

84.1 We may decline to inspect, fit or use a part supplied by the customer.

84.2 Where we agree to fit a customer-supplied part:

• you remain responsible for the part’s quality, origin and compatibility;
• we may inspect the part before fitting;
• we may refuse to fit it if it appears unsafe or unsuitable;
• our warranty will apply only to our workmanship, not the supplied part; and
• additional labour may be chargeable if the part is incorrect or defective.

84.3 We are not responsible for a defect inherent in a customer-supplied part.

84.4 We remain responsible for performing any agreed fitting service with
reasonable care and skill.

85. Unauthorised Repairs and Modifications

85.1 Products should not be altered, reprogrammed or modified except in accordance
with manufacturer guidance and by a competent person.

Unauthorised work may:

• create a safety risk;
• damage other components;
• change braking, steering or stability;
• invalidate relevant manufacturer warranty cover;
• prevent future manufacturer support; or
• make diagnosis more difficult.

85.2 A modification will affect warranty cover only to the extent that the
modification is relevant to the reported fault or the manufacturer’s lawful
warranty conditions.

85.3 We may refuse to work on equipment where an alteration makes it unsafe or
where suitable parts and technical information are unavailable.

86. Obsolete Parts and Unsupported Products

86.1 Parts and technical support may become unavailable as products age or
manufacturers discontinue models.

86.2 We cannot guarantee that every product can be repaired indefinitely.

86.3 Where an original component is unavailable, we may:

• seek a compatible alternative;
• request manufacturer advice;
• recommend a specialist repairer;
• propose a safe adaptation where manufacturer-approved; or
• advise that repair is no longer reasonably possible.

86.4 We will not install a substitute part where we reasonably believe it would
make the product unsafe or materially non-compliant.

87. Repair Warranty

87.1 Chargeable repairs performed by us will be carried out with reasonable care
and skill.

87.2 Unless otherwise stated, replacement parts fitted as part of a chargeable
repair will carry the applicable manufacturer or supplier warranty.

87.3 Our workmanship warranty applies to the specific repair undertaken and does
not cover:

• an unrelated later fault;
• failure of another aged component;
• accidental damage;
• misuse or neglect;
• normal wear and tear;
• customer-supplied parts; or
• work altered by another person after our repair.

87.4 Please contact us promptly if you believe the same repaired issue has
reoccurred.

87.5 Nothing in this clause restricts statutory rights relating to repair services
or fitted parts.

88. Equipment Left for Repair or Assessment

88.1 When leaving equipment with us, you should remove:

• cash and valuables;
• personal documents;
• shopping and personal belongings;
• removable accessories not needed for the repair; and
• sensitive or medical information not required by us.

88.2 Please tell us about any accessory or item that must remain with the
equipment.

88.3 We will take reasonable care of equipment while it is in our possession.

88.4 We are not responsible for undeclared personal items left in or attached to
the equipment unless loss or damage is caused by our failure to take reasonable
care.

88.5 We may photograph the equipment and record its visible condition when it is
received.

89. Collection After Repair

89.1 We will contact you when equipment is ready for collection or redelivery.

89.2 Unless another period is agreed, you should arrange collection or redelivery
within 14 calendar days of notification.

89.3 Before releasing equipment, we may require:

• payment of approved charges;
• proof of identity;
• the repair reference;
• authority from the owner; and
• a suitable collection vehicle.

89.4 We may retain equipment until properly due repair charges are paid, where
the law allows.

89.5 We will not withhold equipment in relation to a genuinely disputed amount
without acting reasonably and considering the circumstances.

90. Storage Charges and Uncollected Equipment

90.1 If equipment is not collected within the agreed period, we may contact you
using the latest contact details provided.

90.2 We may apply reasonable storage charges only where:

• the equipment is ready for collection;
• you have been given reasonable notice;
• the applicable charge or charging basis has been explained; and
• the charge is lawful and proportionate.

90.3 We will not treat equipment as abandoned merely because it has not been
collected promptly.

90.4 If equipment remains uncollected for an extended period, we may use the
statutory procedure applicable to uncollected goods.

90.5 This may include serving written notice requiring collection and, where
legally permitted, a further notice of intention to sell the equipment.

90.6 We will not sell, dispose of or otherwise deal with uncollected equipment
unless the relevant legal notice requirements and waiting periods have been
satisfied.

90.7 Where equipment is lawfully sold:

• reasonable costs of storage, notice and sale may be deducted where permitted;
• properly outstanding repair charges may be deducted where permitted; and
• any remaining balance will be dealt with in accordance with applicable law.

90.8 We strongly recommend keeping your address, email and telephone details
updated while equipment is in our possession.

91. Equipment Considered Unsafe or Beyond Economical Repair

91.1 Following inspection, we may advise that equipment is:

• unsafe to use;
• not reasonably repairable;
• beyond economical repair;
• unsupported by the manufacturer; or
• dependent on unavailable safety-critical parts.

91.2 We will explain the principal reasons for our assessment.

91.3 We may refuse to return equipment to service where doing so would be unsafe.

91.4 Unless prohibited for safety or legal reasons, you may request return of the
unrepaired equipment after paying any properly agreed inspection, collection or
delivery charges.

91.5 We may ask you to acknowledge in writing that:

• the equipment has been assessed as unsafe;
• we have advised against further use; and
• the equipment is being returned unrepaired at your request.

91.6 We may offer disposal or recycling with your written agreement.

91.7 We will not dispose of customer-owned equipment without authority or another
lawful basis.

92. Product Cleaning and Contamination

92.1 Equipment presented for service or repair should be in a reasonably clean
and safe condition.

92.2 You must inform us in advance if equipment:

• has been exposed to bodily fluids;
• has an infestation;
• has been used in an infectious environment;
• contains hazardous residue;
• has mould or significant contamination; or
• otherwise presents an unusual health risk.

92.3 We may refuse or postpone work until the equipment has been appropriately
cleaned or professionally decontaminated.

92.4 Where we agree to undertake necessary cleaning or decontamination, a
reasonable charge may apply with your agreement.

92.5 We will handle relevant health information confidentially and only for
legitimate safety and service purposes.

• read the user manual and safety information;
• understand the product’s controls and emergency procedures;
• check that the product is correctly assembled and adjusted;
• confirm that batteries are appropriately charged;
• check tyres, brakes, restraints and visible components where applicable;
• practise in a safe and suitable environment; and
• seek further assistance where the user is not confident operating the product.

93.3 You should not use equipment that appears damaged, unsafe or materially
different from the product ordered until you have contacted us.

93.4 Safety guards, speed limiters, anti-tip devices, brakes, reflectors, lights,
warning systems and other protective features must not be removed, disabled or
altered contrary to manufacturer instructions.

93.5 Nothing in these Terms transfers to the customer responsibility for a defect
or safety issue for which we remain legally responsible.

94. Intended User and Supervision

94.1 The person purchasing a product must consider whether the intended user can
operate or use it safely.

94.2 Relevant considerations may include:

• vision and hearing;
• balance and posture;
• upper-body control and grip;
• reaction time;
• cognition and judgement;
• ability to transfer safely;
• ability to understand the controls;
• the effects of medication or a medical condition; and
• the environment in which the product will be used.

94.3 Where appropriate, an intended user should be supervised or assisted until
they can use the product safely.

94.4 A product must not be operated by a child or another person who cannot use
it safely and lawfully.

94.5 Where the intended user’s needs change materially, further assessment or a
different product may be required.

95. Assessments and Recommendations

95.1 Any recommendation we make is based on:

• the information supplied to us;
• the intended user’s presentation at the time;
• the environment described or assessed;
• the products reasonably available; and
• the scope of any assessment we agreed to provide.

95.2 You must tell us about material matters that may affect suitability,
including:

• significant changes in weight or posture;
• pressure-care requirements;
• transfer requirements;
• progressive conditions;
• relevant behavioural concerns;
• planned vehicle transport;
• steep gradients or difficult terrain;
• restricted access; and
• the need for professional or multiple-user use.

95.3 A sales demonstration or general product discussion is not necessarily a
clinical seating, mobility or occupational-therapy assessment.

95.4 Where clinical input is appropriate, we may recommend assessment by an
occupational therapist, physiotherapist, wheelchair service or another qualified
healthcare professional.

95.5 Recommendations must be reconsidered if the intended use, user’s needs or
operating environment materially change.

96. Maximum User Weight and Load Limits

96.1 Every product must be used within the manufacturer’s stated maximum user
weight and total load limits.

96.2 The relevant load may include:

• the user;
• clothing;
• shopping;
• oxygen equipment;
• bags and accessories;
• medical equipment; and
• any other carried item.

96.3 Exceeding a stated limit may affect:

• stability;
• braking distance;
• steering;
• battery range;
• structural integrity;
• tyres and wheels;
• lifting and folding mechanisms; and
• warranty cover where overloading caused the fault.

96.4 Where the user’s weight is close to the maximum limit, factors such as
gradients, carried items, posture and dynamic loading should also be considered.

96.5 A stated maximum user weight is a safety limit and not a recommendation that
the product will necessarily be suitable for every person below that weight.

97. Mobility-Scooter and Powered-Wheelchair Classes

97.1 Powered mobility equipment is subject to legal classifications and operating
rules that may change from time to time.

97.2 Under the current general UK framework:

• a Class 2 mobility scooter or powered wheelchair normally has a maximum speed
  of 4mph or less; and
• a Class 3 mobility scooter or powered wheelchair is normally capable of up
  to 8mph and may be used on the road where legal requirements are met.

97.3 Product classifications, legal descriptions and rules should be checked
against current Government guidance at the time of use.

97.4 A product description stating a speed does not, by itself, confirm that the
equipment may lawfully be used in every location.

97.5 You are responsible for operating the product in accordance with the laws,
restrictions and local rules applying at the time and place of use.

98. DVLA Registration and Road Use

98.1 Class 3 mobility scooters and powered wheelchairs intended for road use must
normally be registered with the Driver and Vehicle Licensing Agency.

98.2 Unless we expressly agree to complete a registration step as part of the
Contract, the customer or registered keeper is responsible for:

• checking whether registration is required;
• providing accurate registration information;
• submitting or completing the required application;
• keeping registration details current; and
• complying with any legal requirements applying to the vehicle.

98.3 Where we assist with registration, you remain responsible for checking that
the details supplied are accurate.

98.4 Registration should be completed before the product is used on the road
where registration is legally required.

98.5 Mobility scooters and powered wheelchairs registered in the relevant
category may be exempt from vehicle tax, but registration requirements may still
apply.

98.6 You should check current Government and DVLA guidance rather than relying
solely on information given at the time of an earlier purchase.

99. Use on Pavements and Pedestrian Areas

99.1 Mobility scooters and powered wheelchairs must be operated considerately and
at a safe speed for the conditions.

99.2 Under the current general rules, Class 2 and Class 3 products must not exceed
4mph on pavements and other pedestrian areas.

99.3 The user should:

• give priority and adequate space to pedestrians;
• reduce speed in crowded or confined areas;
• take particular care around children, older people and assistance animals;
• approach dropped kerbs and crossings slowly;
• avoid obstructing entrances, paths and emergency routes;
• use lights where visibility is poor; and
• follow relevant signs, local restrictions and the Highway Code.

99.4 A mobility product should not be driven on unsuitable slopes, steps, kerbs
or surfaces outside the manufacturer’s stated capability.

100. Use on Roads

100.1 Only equipment legally permitted and appropriately equipped for road use
should be used on the road.

100.2 Before road use, the user should confirm that required features are present
and operational, which may include:

• effective brakes;
• front and rear lights;
• reflectors;
• direction indicators;
• a hazard-warning function;
• a rear-view mirror;
• an audible warning device;
• a functioning speed limiter; and
• any other legally required feature.

100.3 The user is responsible for checking that the product remains roadworthy
and compliant.

100.4 Products should not be used on motorways. Restrictions may also apply on
bus lanes, cycle lanes, dual carriageways and other roads.

100.5 Users should check and follow the current Highway Code and Government
guidance before road use.

100.6 We do not guarantee that a particular route is safe or lawful merely
because a product is described as road legal.

101. Eyesight, Ability and Fitness to Operate

101.1 The user must have sufficient eyesight, awareness, control and judgement to
operate the equipment safely.

101.2 Current Government guidance states that users of Class 2 and Class 3
equipment should be able to read a vehicle registration number from a distance
of 12.3 metres.

101.3 A user should not operate powered mobility equipment where their ability is
impaired by:

• alcohol;
• recreational drugs;
• medication causing unsafe drowsiness or impaired judgement;
• acute illness;
• severe fatigue;
• poor vision; or
• another condition making operation unsafe.

101.4 Where there is uncertainty, advice should be sought from an appropriate
healthcare professional.

102. Insurance

102.1 We strongly recommend appropriate insurance for mobility scooters and
powered wheelchairs used outside the home.

102.2 Suitable cover may include:

• third-party liability;
• accidental damage;
• theft;
• loss;
• recovery assistance; and
• personal accident cover.

102.3 Whether insurance is mandatory or advisable may depend on the equipment,
its weight, its use and the current legal rules.

102.4 It is the customer’s responsibility to obtain appropriate advice and
insurance where required.

102.5 Unless expressly stated, insurance is not included in the purchase price.

103. Gradients, Kerbs and Uneven Terrain

103.1 Maximum-gradient and kerb-climbing figures are manufacturer estimates or
limits measured under specified conditions.

103.2 Actual safe performance may be affected by:

• the user’s weight and seating position;
• carried loads;
• battery condition;
• tyre condition and pressure;
• surface condition;
• weather;
• the angle of approach;
• the length of the gradient; and
• the product’s mechanical condition.

103.3 The user should not attempt a slope, kerb or obstacle where:

• it exceeds the manufacturer’s limit;
• the surface is loose, wet, icy or unstable;
• the route cannot be clearly seen;
• there is insufficient turning or stopping space;
• the equipment may tip, ground or lose traction; or
• the user is not confident it can be completed safely.

103.4 Kerbs and gradients should normally be approached in the manner described
in the user manual.

104. Weather and Water Exposure

104.1 Mobility products are not necessarily waterproof, even where they are
intended for outdoor use.

104.2 Unless the manufacturer expressly states otherwise, equipment should not
be:

• submerged or driven through deep water;
• left uncovered in heavy rain;
• pressure washed;
• stored in a persistently damp environment;
• exposed to salt water without appropriate cleaning; or
• used in conditions beyond the stated ingress-protection rating.

104.3 Controls, chargers, charging ports and electrical components should be kept
dry.

104.4 Following unavoidable rain exposure, the product should be dried and stored
in accordance with the manufacturer’s guidance.

104.5 Damage caused by avoidable water ingress may not be covered by warranty
where the exposure caused the fault.

104.6 This clause does not exclude liability for inadequate weather protection
where the product was expressly sold as suitable for a stated condition and
failed to conform to that description.

105. Charging and Electrical Safety

105.1 Chargers must be used only with compatible products and batteries.

105.2 Charging should take place:

• in accordance with the manufacturer’s instructions;
• in a dry and adequately ventilated location;
• away from combustible materials where reasonably possible;
• using a safe and suitable electrical supply;
• without damaged cables, plugs or connectors; and
• without covering the charger or obstructing ventilation.

105.3 Extension leads, adapters and multi-socket devices should be used only where
suitable for the electrical load and in accordance with safety guidance.

105.4 The charger should not be used where:

• it is damaged;
• it has become unusually hot;
• it emits smoke, sparks or an unusual smell;
• the charging port is damaged or wet; or
• the battery shows swelling, leakage or physical damage.

105.5 Charging equipment must not be opened or repaired by an unqualified person.

105.6 Where a care home, housing provider or other premises operator has its own
charging policy, the user must also comply with that policy.

106. Storage

106.1 Products should be stored securely and in accordance with manufacturer
guidance.

106.2 Suitable storage considerations include:

• protection from rain, frost and excessive heat;
• adequate ventilation during charging;
• access to a suitable electrical supply;
• fire and evacuation routes;
• security against theft or unauthorised use;
• safe positioning of chargers and cables;
• battery maintenance during long periods of non-use; and
• the rules of any landlord, care provider or building manager.

106.3 Mobility equipment must not obstruct communal corridors, stairways, fire
exits or evacuation routes.

106.4 You are responsible for obtaining any consent required to store or charge
equipment in communal or managed premises.

107. Folding, Lifting and Handling

107.1 Product weights stated online may exclude batteries, seating, accessories
or removable components unless expressly stated otherwise.

107.2 Before attempting to lift or carry a product, you should check:

• the total and heaviest-part weights;
• the manufacturer’s lifting instructions;
• whether the battery or seat should be removed;
• whether two people are required;
• the lifting height and available space; and
• your own ability to lift safely.

107.3 A product described as folding, portable or lightweight is not necessarily
suitable for every person to lift.

107.4 Hands, clothing and cables must be kept clear of folding, scissor and
locking mechanisms.

107.5 The product must be fully locked into its operating position before use.

107.6 We recommend a vehicle-loading demonstration or lifting aid where manual
handling may be difficult.

108. Transport in Vehicles

108.1 Mobility equipment must be loaded, restrained and transported safely.

108.2 Unless the manufacturer expressly approves occupied transport, the user
must transfer to an appropriate vehicle seat before travel.

108.3 A wheelchair or mobility product must not be used as a vehicle seat merely
because it can physically fit inside a vehicle.

108.4 Where occupied transport is required, the equipment must:

• be expressly approved for that use;
• be used with a suitable wheelchair tie-down and occupant-restraint system;
• be secured at the designated restraint points;
• be positioned in accordance with the manufacturer’s instructions; and
• be used in a suitably adapted vehicle.

108.5 Lap belts or positioning belts supplied with wheelchairs are not necessarily
crash-tested vehicle occupant restraints.

108.6 Batteries, removable components and loose accessories must be secured
during transport.

108.7 Customers should obtain specialist advice from the vehicle converter,
wheelchair manufacturer or restraint-system provider where occupied transport is
intended.

109. Public Transport, Taxis and Community Transport

109.1 Acceptance of mobility equipment on buses, trains, taxis, ferries or
community transport is controlled by the relevant operator.

109.2 Restrictions may relate to:

• overall dimensions;
• turning circle;
• combined user and product weight;
• battery type;
• available wheelchair space;
• ramp capacity;
• ability to manoeuvre safely; and
• whether prior approval or a permit is required.

109.3 A product’s general suitability for travel does not guarantee acceptance by
a particular transport operator.

109.4 Customers should check directly with the operator before travel.

110. Air Travel and Airline Approval

110.1 Airlines, airports and aviation authorities apply specific rules to powered
mobility equipment and batteries.

110.2 A product described as “airline friendly”, “airline approved” or suitable
for air travel means that its design or battery may be capable of meeting common
aviation requirements. It does not guarantee acceptance on every flight.

110.3 Before booking or travelling, the customer must contact the airline and
provide any requested information, which may include:

• the make and model;
• overall dimensions;
• total weight;
• the heaviest individual component;
• instructions for switching off or isolating the product;
• battery chemistry;
• battery voltage;
• battery capacity in ampere-hours or watt-hours;
• whether the battery is removable;
• the number of batteries; and
• the manufacturer’s battery safety documentation.

110.4 The airline may require prior approval and may impose its own limits or
handling arrangements.

110.5 Lithium batteries may require:

• terminal protection against short circuit;
• removal from the product where required;
• carriage in the passenger cabin where permitted and required;
• placement in protective packaging;
• compliance with quantity and watt-hour limits; and
• specific documentation or airline authorisation.

110.6 Battery rules can change and may differ between airlines and routes.

110.7 We can provide available product and battery specifications, but the final
decision to carry the equipment rests with the airline and relevant authorities.

110.8 We are not responsible for an airline refusing carriage where the product
information we supplied was accurate and the refusal results from the airline’s
rules, capacity or operational decision.

110.9 This clause does not exclude responsibility where we expressly and
incorrectly confirmed that a specific airline had approved a particular product
for a stated journey.

111. Travel Damage

111.1 Before handing mobility equipment to a carrier, we recommend:

• taking dated photographs of its condition;
• removing loose accessories where permitted;
• protecting controls and vulnerable components;
• providing clear handling and isolation instructions;
• labelling the equipment and removable parts;
• retaining battery and product documentation; and
• checking available travel insurance.

111.2 Damage caused while equipment is in the possession of an airline, airport,
taxi company or other independent carrier should be reported to that operator
immediately.

111.3 We may assist with parts, estimates or technical information, but we are
not responsible for damage caused solely by an independent carrier.

112. Use by Multiple Users and Commercial Organisations

112.1 Products intended for private domestic use may not be suitable for:

• care-home fleets;
• hospital use;
• hire fleets;
• retail or shopping-centre loan schemes;
• airports;
• universities;
• workplaces; or
• frequent use by multiple users.

112.2 Business and organisational customers must explain the intended use before
ordering.

112.3 A multi-user product should be subject to:

• appropriate risk assessment;
• pre-use safety checks;
• cleaning and infection-control procedures;
• staff or user training;
• maintenance records;
• regular servicing; and
• a process for reporting faults and removing unsafe equipment from use.

112.4 Warranty terms may differ for commercial or multi-user use where this was
clearly stated before the Contract was formed.

112.5 Statutory protections applying to Consumers do not necessarily apply to a
Business Customer.

113. Product Recalls and Safety Notices

113.1 Manufacturers, regulators or First Choice Mobility may issue a product
safety notice, corrective-action notice or recall.

113.2 Where we become aware that a product supplied by us is affected, we may
contact the customer using the details held on the order record.

113.3 Customers should:

• keep their contact information current;
• retain the product serial number and purchase information;
• read safety notices promptly;
• follow any instruction to stop using the product;
• not sell or transfer a recalled product contrary to the notice; and
• cooperate with reasonable inspection, repair, modification or return arrangements.

113.4 Where immediate action is required, the product must not be used until the
stated corrective action has been completed.

113.5 Recall remedies will depend on the relevant notice and may include:

• inspection;
• replacement of a component;
• product modification;
• repair;
• replacement;
• return; or
• refund where applicable.

113.6 We may share necessary customer and product information with the
manufacturer, regulator, service provider or carrier where required to administer
a recall safely and lawfully.

114. Reporting a Safety Concern

114.1 If you believe a product may be unsafe:

• stop using it where continued use may create a risk;
• switch it off where safe to do so;
• do not charge a visibly damaged or overheating battery;
• keep other people away from the product where necessary;
• retain the product, packaging and documents; and
• contact us promptly.

114.2 Please provide:

• the product model and serial number;
• a description of what happened;
• photographs or video where safe;
• details of any injury or property damage;
• the date and circumstances of the incident; and
• information about any modification or prior repair.

114.3 Do not dismantle or discard a product involved in a serious safety incident
unless necessary to prevent immediate harm or instructed by a competent authority.

114.4 Consumers may also report unsafe products through the appropriate consumer
or product-safety authority.

114.5 We may report a safety concern to a manufacturer, insurer, regulator or
authority where legally required or reasonably necessary to protect people.

115. Resale or Transfer to Another User

115.1 If you sell, give or transfer a product to another person, we recommend
providing:

• the user manual;
• keys and charger;
• service and repair information;
• battery information;
• relevant safety notices;
• the correct maximum user weight; and
• details of known faults or modifications.

115.2 A product suitable for the original user may not be suitable for a later
user.

115.3 We recommend inspection, servicing and a suitability assessment before a
significant mobility or seating product is transferred.

115.4 Manufacturer warranties and service packages may not be transferable unless
their terms expressly allow transfer.

116. Product Misuse and Unsafe Instructions

116.1 We may refuse to provide advice, parts, programming or alterations where we
reasonably believe the requested action would:

• make a product unsafe;
• defeat a speed or safety restriction;
• breach road-use rules;
• exceed manufacturer limits;
• create an unreasonable fire or electrical risk;
• facilitate use by an unsuitable person; or
• otherwise be unlawful.

116.2 We are not required to restore equipment to use where a safety-critical
defect remains unresolved.

116.3 Any refusal under this clause will not prevent a customer from exercising
legal rights concerning faulty or misdescribed goods.

117. Emergency and Essential-Use Planning

117.1 Mobility equipment can develop faults or become unavailable due to battery
depletion, puncture, accident, servicing or circumstances outside anyone’s
control.

117.2 Customers who depend on equipment for essential daily mobility should
consider an appropriate contingency plan.

This may include:

• maintaining emergency contact details;
• keeping the product charged and serviced;
• carrying a charged telephone;
• planning safe routes;
• having access to alternative assistance or equipment where practicable; and
• telling carers or family how to release or move the product safely.

117.3 We do not guarantee continuous availability of loan equipment or same-day
repair.

117.4 This clause does not reduce our obligation to provide statutory remedies
within the legally required period and without significant inconvenience where
applicable.

118. Our Responsibility to Consumers

118.1 We are responsible for supplying goods and services in accordance with
the Contract and applicable law.

118.2 Goods supplied to a Consumer must meet the standards required by applicable
consumer law, including being of satisfactory quality, fit for any particular
purpose made known to us and as described.

118.3 Services supplied to a Consumer will be performed with reasonable care
and skill.

118.4 Nothing in these Terms excludes, restricts or limits liability where doing
so would be unlawful.

118.5 Nothing in these Terms removes or restricts any statutory right or remedy
available to a Consumer.

119. Liability That Is Not Excluded

119.1 Nothing in these Terms excludes or restricts our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• breach of rights or obligations that cannot lawfully be excluded or
  restricted;
• defective products where liability cannot lawfully be excluded;
• deliberate breach or wilful misconduct; or
• any other liability that the law does not permit us to exclude.

119.2 Any limitation or exclusion elsewhere in these Terms is subject to this
clause.

120. Foreseeable Consumer Losses

120.1 If we fail to comply with the Contract, we are responsible for loss or
damage suffered by a Consumer that is a foreseeable result of our breach or
failure to use reasonable care and skill.

120.2 Loss or damage is foreseeable where:

• it was an obvious consequence of the breach; or
• both you and we knew, when the Contract was formed, that the loss or damage
  might reasonably occur.

120.3 We are not responsible for loss that was not reasonably foreseeable,
except where liability cannot lawfully be excluded.

120.4 You should tell us before the Contract is formed about any unusual,
particularly valuable or time-sensitive consequence that may arise if we fail
to perform the Contract.

120.5 Merely informing us of a possible loss does not necessarily mean that we
accept unlimited liability for it. Any special arrangement must be expressly
agreed in writing.

121. Business and Commercial Losses

121.1 We supply products to Consumers and Business Customers.

121.2 If you are a Consumer, we are not responsible for business losses arising
from your use of goods or services for trade, business, craft or professional
purposes where that use was not agreed with us.

121.3 Business Customers should refer to the additional provisions beginning at
clause 130.

122. Matters Outside Our Responsibility

122.1 Subject to clauses 118 to 120, we will not be responsible for loss or
damage caused solely by:

• use contrary to the manufacturer’s instructions;
• misuse, neglect or deliberate damage;
• accidental damage after risk has passed to the customer;
• overloading or use outside stated limits;
• unauthorised alteration, repair or programming;
• use of incompatible parts, batteries, chargers or accessories;
• failure to carry out relevant maintenance;
• continuing to use equipment after an evident safety warning or fault;
• inaccurate measurements or information supplied by the customer;
• an independent carrier appointed directly by the customer;
• an airline or transport operator’s independent decision;
• the acts or omissions of an unrelated third party; or
• an event outside our reasonable control.

122.2 We will rely on this clause only where the relevant event caused or
materially contributed to the loss.

122.3 Nothing in this clause excludes responsibility where we gave incorrect
advice, supplied unsuitable goods despite accurate information, or are otherwise
legally responsible.

123. Damage to Property During Delivery or Service

123.1 We and our contractors will take reasonable care when entering your
premises, delivering products and performing agreed work.

123.2 You should tell us in advance about:

• fragile flooring or surfaces;
• narrow or restricted access;
• concealed pipes, wiring or structural risks;
• valuable or delicate items near the working area;
• parking or building restrictions; and
• any known risk that may not be obvious.

123.3 You should remove or protect valuable, fragile or obstructing items before
delivery or service work begins.

123.4 We are responsible for property damage caused by our failure to take
reasonable care and skill.

123.5 We are not responsible for pre-existing damage or unavoidable damage caused
by an undisclosed defect or access problem that we could not reasonably have
identified.

123.6 Where there is a concern, you should notify us promptly and provide
photographs or other reasonable information so we can investigate.

124. Third-Party Websites and Services

124.1 Our website may contain links to manufacturers, payment providers,
Government information, social-media platforms or other third-party websites.

124.2 Third-party websites and services are controlled by their respective
operators and may be subject to separate terms and privacy policies.

124.3 A link does not necessarily mean that we endorse every statement, product
or service on the external website.

124.4 We are not responsible for third-party content or availability except where
we have expressly adopted or relied on that content as part of our Contract with
you.

125. Events Outside Our Reasonable Control

125.1 We will not be responsible for delay or failure caused by an event outside
our reasonable control, to the extent permitted by law.

Such events may include:

• fire, flood, storm or natural disaster;
• epidemic, pandemic or public-health restriction;
• war, terrorism, civil disorder or acts of government;
• industrial action beyond our reasonable control;
• transport, port, border or customs disruption;
• interruption to power, telecommunications or internet services;
• cyber incidents despite reasonable safeguards;
• unexpected manufacturer or supplier failure;
• shortage of components or raw materials;
• carrier failure or major network disruption; and
• legal or regulatory action preventing performance.

125.2 Where an event occurs, we will:

• take reasonable steps to minimise its effect;
• contact you where the Contract is materially affected;
• resume performance as soon as reasonably practicable; and
• explain any applicable alternatives or cancellation rights.

125.3 This clause does not require a Consumer to accept an indefinite delay or
remove a legal right to cancel or receive a refund.

126. Communication With Customers

126.1 We may contact you regarding an order, delivery, payment, warranty,
servicing, recall, safety matter or complaint using the contact details supplied
to us.

126.2 You are responsible for providing accurate contact information and
notifying us of material changes.

126.3 Communications may be sent by:

• email;
• telephone;
• text message;
• post; or
• another agreed method.

126.4 Contractual and service communications are separate from optional marketing
communications.

126.5 Choosing not to receive marketing will not prevent us from sending
information reasonably required to administer an order, warranty, recall or
legal obligation.

127. Personal Information and Data Protection

127.1 We process personal information in accordance with applicable data
protection law and our Privacy Policy.

127.2 Depending on the transaction, we may process information including:

• names and contact details;
• billing and delivery information;
• order and payment information;
• product serial numbers;
• service and repair records;
• VAT relief declarations;
• customer communications;
• accessibility requirements; and
• limited health or disability information where necessary to provide an
  appropriate product, service or VAT-relief process.

127.3 We may share necessary information with:

• manufacturers and distributors;
• delivery and collection providers;
• payment and finance providers;
• engineers and service partners;
• professional advisers;
• insurers;
• HM Revenue & Customs;
• regulators or public authorities; and
• other recipients where disclosure is lawful and necessary.

127.4 We will use only the information reasonably necessary for the relevant
purpose.

127.5 Further information about lawful bases, retention periods, individual
rights, cookies and how to contact us about personal information is set out in
our Privacy Policy.

128. VAT Relief and Health Information

128.1 A VAT relief declaration may include information about a qualifying
chronic illness or disability.

128.2 We will use that information to:

• determine and record the requested VAT treatment;
• maintain appropriate tax and accounting records;
• respond to lawful enquiries from HM Revenue & Customs; and
• administer the transaction.

128.3 VAT relief information will not be used for unrelated marketing without an
appropriate lawful basis.

128.4 Information about a customer’s health or disability should be limited to
what is relevant to the purchase, assessment, safety or VAT-relief request.

129. Intellectual Property

129.1 The content of our website, including its text, graphics, branding, layout,
photographs, videos and downloadable materials, is owned by or licensed to First
Choice Mobility unless otherwise stated.

129.2 Manufacturer trademarks, product names, photographs and technical materials
remain the property of their respective owners.

129.3 You may view, download or print website material for your own lawful,
personal and non-commercial use.

129.4 You must not, without permission:

• reproduce substantial website content for commercial use;
• remove copyright, trademark or ownership notices;
• misrepresent our content as your own;
• use our logo or branding to suggest an unauthorised relationship;
• scrape or extract substantial website data; or
• publish altered technical information in a misleading way.

129.5 Nothing in this clause prevents lawful quotation, review or another use
permitted by applicable intellectual-property law.

130. Additional Terms for Business Customers

130.1 Clauses 130 to 138 apply where you are a Business Customer.

130.2 If you are a Consumer, these additional Business Customer provisions do not
apply to you.

130.3 A Business Customer confirms that the person placing or approving the order
has authority to bind the relevant organisation.

130.4 The Business Customer must explain the intended commercial, institutional,
professional, hire or multi-user application before the Contract is formed.

130.5 Products selected for private domestic use may be unsuitable for intensive,
commercial or multi-user operation.

131. Business Purchase Orders and Quotations

131.1 A purchase order issued by a Business Customer is an offer to purchase and
does not bind us until accepted.

131.2 Terms printed or referred to on a Business Customer’s purchase order will
not override these Terms unless we expressly agree to them in writing.

131.3 Where a quotation, framework agreement or written supply agreement is
expressly agreed by both parties, its specific terms will take priority over
inconsistent provisions in these Terms.

131.4 Verbal amendments are not binding unless confirmed in writing by an
authorised representative.

132. Business Payment Terms

132.1 Business Customers must pay invoices according to the payment terms stated
on the quotation, Order Confirmation, invoice or written account agreement.

132.2 Where no credit terms have been agreed, payment is due before delivery or
performance.

132.3 We may carry out reasonable credit checks before offering an account.

132.4 We may suspend further supply where properly due invoices remain unpaid.

132.5 Overdue business invoices may be subject to statutory interest,
compensation and reasonable recovery costs where legally available.

132.6 A Business Customer must notify us promptly of any genuine invoice dispute
and pay any undisputed amount when due.

133. Business Inspection and Acceptance

133.1 A Business Customer should inspect goods promptly following delivery and
notify us within a reasonable time of:

• visible damage;
• incorrect quantity;
• incorrect goods;
• missing components; or
• an apparent failure to match the agreed specification.

133.2 Prompt notification enables us to preserve claims against carriers and
suppliers.

133.3 Failure to notify promptly will not relieve us of liability for a latent
defect or another matter where liability cannot lawfully be excluded.

133.4 Business Customers must retain relevant packaging and delivery evidence
while a transit claim is investigated, where reasonably practicable.

134. Business Warranties and Intended Use

134.1 Any product warranty applying to a Business Customer is subject to the
manufacturer’s commercial-use and multi-user terms.

134.2 The Business Customer is responsible for:

• carrying out appropriate risk assessments;
• training staff and users;
• maintaining inspection and service records;
• implementing cleaning and infection-control procedures;
• removing unsafe equipment from use;
• complying with workplace and sector-specific requirements; and
• ensuring equipment remains suitable for each intended user.

134.3 Recommendations based on private domestic use must not be relied upon for a
materially different commercial application without further written assessment.

135. Business Customer Liability

135.1 Nothing in this clause limits liability described in clause 119.

135.2 Subject to clause 119, we will not be liable to a Business Customer for:

• loss of profit;
• loss of revenue;
• loss of business;
• loss of anticipated savings;
• loss of contract;
• loss of goodwill;
• loss or corruption of data; or
• indirect or consequential loss.
• the value and risk of typical business contracts;
• insurance cover;
• high-value specialist equipment;
• NHS and Local Authority requirements;
• contractual indemnities; and
• the reasonableness requirements applying to liability limitations.

136. Business Customer Indemnity

136.1 Subject to applicable law, a Business Customer will be responsible for
reasonable loss, damage, cost or claim caused by:

• materially inaccurate specifications supplied by it;
• unauthorised modification of equipment;
• use outside the agreed commercial application;
• failure to carry out required user or workplace assessments;
• failure to train or supervise users appropriately;
• continued use after a known safety issue; or
• its breach of the Contract.

136.2 This clause applies only to the extent that the relevant loss was caused by
the Business Customer and does not make the Business Customer responsible for our
own negligence or breach.

137. Retention of Title for Business Customers

137.1 Where goods are supplied to a Business Customer on credit, ownership will
not pass until we have received payment in full for:

• the relevant goods; and
• all other sums properly due under the relevant Contract.

137.2 Until ownership passes, the Business Customer must:

• keep the goods identifiable as our property;
• store them safely and appropriately;
• not pledge or charge them as security;
• maintain appropriate insurance; and
• notify us if insolvency proceedings or enforcement action arise.

137.3 Risk may pass before ownership in accordance with the delivery provisions.

137.4 Any right to recover unpaid goods will be exercised only in accordance with
applicable law and without unlawful entry.

138. Business Insolvency and Suspension

138.1 We may suspend supply, withdraw credit terms or require advance payment
where a Business Customer:

• fails to pay an undisputed invoice when due;
• materially breaches the Contract;
• becomes insolvent or unable to pay debts;
• enters administration, liquidation or a creditor arrangement;
• ceases or threatens to cease trading; or
• gives us reasonable grounds to believe payment is at serious risk.

138.2 We will act proportionately and will not rely on this clause where doing so
would be unlawful.

139. Complaints

139.1 We aim to provide high-quality products, clear advice and dependable
service.

139.2 If you are dissatisfied, please contact us so that we have an opportunity
to investigate and resolve the matter.

139.3 To help us investigate, please provide:

• your name and contact details;
• the order, invoice or repair reference;
• a clear description of the complaint;
• relevant dates;
• supporting photographs or documents; and
• the outcome you are seeking.

139.4 We will acknowledge and investigate complaints as promptly as reasonably
possible.

139.5 Complex complaints, manufacturer investigations and technical assessments
may take longer. We will provide reasonable updates where there is a material
delay.

140. Complaint Escalation

140.1 If the initial response does not resolve your complaint, you may ask for
it to be reviewed by a manager.

140.2 The manager may:

• review the order and communications;
• request further evidence;
• obtain technical or manufacturer input;
• consider the applicable law and policies;
• propose a remedy; or
• issue a final response.

140.3 Using our complaints process does not prevent you from obtaining independent
advice or exercising legal rights.

141. Alternative Dispute Resolution

141.1 Alternative Dispute Resolution is a process for attempting to resolve a
dispute without court proceedings.

141.2 If we cannot resolve a Consumer complaint internally, we will provide
information about any Alternative Dispute Resolution provider that:

• we are legally required to use;
• we are contractually committed to use; or
• we agree is suitable for the particular dispute.

141.3 Unless we are legally or contractually required to participate, providing
details of an Alternative Dispute Resolution provider does not necessarily mean
that we agree to use that provider.

141.4 Nothing in this clause prevents either party from exercising the right to
bring court proceedings.

142. Consumer Advice

142.1 Consumers may obtain independent advice about their legal rights from an
appropriate consumer-advice organisation.

142.2 Trading Standards services are generally accessed through the recognised
consumer-advice referral route rather than by using these Terms as a substitute
for independent advice.

142.3 Nothing in these Terms discourages a customer from contacting a consumer
adviser, regulator, solicitor or court.

143. Changes to These Terms

143.1 We may update these Terms from time to time to reflect:

• changes in law or regulation;
• changes to our products or services;
• changes to payment or delivery methods;
• changes in business operations;
• new safety or industry guidance; or
• the need to correct or clarify wording.

143.2 The Terms applying to an order are normally the version in force when the
Contract is formed.

143.3 A later update will not retrospectively remove rights or impose material
new obligations under an existing Contract unless:

• the change is required by law;
• you agree to the change; or
• the original Contract lawfully permits it.

143.4 The effective date and version number will be displayed at the beginning
of the Terms.

144. Assignment and Transfer

144.1 We may transfer our rights or obligations under the Contract to another
organisation where:

• this forms part of a legitimate business transfer or restructuring;
• the transfer does not reduce a Consumer’s contractual or statutory rights;
• the receiving organisation can perform the relevant obligations; and
• we notify you where required.

144.2 A Consumer may transfer a right under the Contract where the law permits
or where we agree in writing.

144.3 Warranty and service-plan transferability may depend on the relevant
manufacturer or plan terms.

145. Third-Party Rights

145.1 The Contract is between you and First Choice Mobility.

145.2 Unless expressly stated otherwise, no person who is not a party to the
Contract has a right to enforce its terms.

145.3 This clause does not prevent:

• an intended product user from relying on rights available under law;
• an authorised representative from acting for the customer;
• a finance provider from exercising rights under its own agreement; or
• a manufacturer from administering its separate warranty.

146. Severability

146.1 If a court or competent authority finds that any provision of these Terms
is unlawful, invalid or unenforceable, that provision will be treated as modified
to the minimum extent necessary to make it valid where possible.

146.2 If modification is not possible, the affected provision will be treated as
deleted.

146.3 The remaining provisions will continue in effect.

147. Delay or Failure to Enforce a Right

147.1 If either party delays or fails to enforce a contractual right, that does
not automatically mean the right has been waived.

147.2 A waiver relating to one breach does not automatically waive a later or
different breach.

147.3 Any express waiver should be recorded in writing.

148. Entire Agreement

148.1 The Contract consists of:

• these Terms;
• the accepted Order Confirmation or quotation;
• the relevant product and service descriptions;
• any policy expressly incorporated into the Contract; and
• any written amendment agreed by both parties.

148.2 This clause does not exclude liability for fraud or fraudulent
misrepresentation.

148.3 Nothing in this clause prevents a Consumer from relying on a statement
about the goods or services where the law treats that statement as part of the
Contract.

149. Priority of Documents

149.1 If documents forming the Contract are inconsistent, the following order of
priority will normally apply:

1. a written amendment expressly agreed by both parties;
2. the accepted Order Confirmation or signed specification;
3. a specifically negotiated quotation or supply agreement;
4. these Terms and Conditions;
5. the applicable customer policy; and
6. general website or marketing information.

149.2 A specifically agreed customer requirement will take priority over a
general provision where the two cannot reasonably be read together.

149.3 Mandatory legal rights take priority over all contractual documents.

150. Headings and Interpretation

150.1 Headings are provided for convenience and do not affect interpretation.

150.2 Words in the singular include the plural and vice versa where the context
permits.

150.3 References to “including” or “such as” provide examples and do not limit
the preceding words.

150.4 References to legislation include amendments, replacements and subordinate
legislation in force from time to time.

150.5 Where a provision applies only to Consumers or Business Customers, it will
be interpreted accordingly.

151. Governing Law

151.1 These Terms and each Contract are governed by the laws of England and Wales.

151.2 If you are a Consumer living elsewhere in the United Kingdom, you may also
benefit from mandatory protections available under the law applying where you
live.

151.3 Nothing in these Terms removes any mandatory legal protection that applies
to you.

152. Courts and Jurisdiction

152.1 A Consumer may bring proceedings in the courts available under applicable
consumer and civil-procedure law.

152.2 We may bring proceedings against a Consumer only in a court permitted by
applicable law.

152.3 For a Business Customer, the courts of England and Wales will have
exclusive jurisdiction unless a written agreement expressly provides otherwise.

153. Contact Details

154. Effective Date and Review

154.1 These Terms take effect on the date displayed at the beginning of the page.

154.2 We will review these Terms periodically and following material changes to:

• consumer law;
• product-safety requirements;
• our delivery and service arrangements;
• VAT relief procedures;
• payment methods;
• our business identity or contact details; or
• our product range.

154.3 Customers should retain the Order Confirmation and any copy of the Terms
supplied when the Contract was formed.