General Terms and Conditions of Sale

These General Terms and Conditions of Sale, together with the Stannah Stairlifts Inc. (“Stannah” or “Company”) Stairlift Purchase Order Form or Stairlift Rental Order Form, as applicable, constitute the entire agreement between you, the Buyer, and the Company for the purchase or rental of a Stannah Stairlift (the “Agreement”).

1. BUYER’S RIGHT TO CANCEL:

This transaction is subject to the Federal Trade Commission’s “Cooling-Off” Rule for Sales Made at Homes and Other Locations and state laws with similar requirements in Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania and Rhode Island. Buyers have three (3) business days (excluding Sundays and federal holidays) from the date of their transaction to cancel their purchase order or rental order without penalty or obligation. Stannah has extended this cancellation period to seven (7) calendar days from the transaction date, up to midnight on the seventh day after you place your order by signing Stannah’s Stairlift purchase or rental order form. To cancel your order without penalty or obligation, please notify us in writing using the Notice of Cancellation and retain a copy for your records. A Notice of Cancellation sent to us by mail must be postmarked before midnight on the seventh (7th) day after the transaction date. We also accept cancellation with your written statement which may be sent by email to orders@stannah.com or to our principal place of business set out below. Upon receipt of your cancellation notice, Stannah will process your request and issue a full refund of your deposit paid or purchase price (as applicable) within ten (10) business days following receipt of your cancellation notice. If the Stairlift was installed prior to Stannah receiving your cancellation notice, we will contact you within 10 business days of receipt of your cancellation to arrange for removal of the Stairlift from your home during our normal business hours, to occur within 20 business days of your cancellation date. If you cancel your purchase or rental order, you must make the Stairlift available to Stannah in substantially as good a condition as when you received the product. If you fail to make the Stairlift available to us, or if you agree to return the product and fail to do so, you remain liable for the full purchase price or rental price of the Stairlift, as applicable.

2. ORDER RECISSION & RETURN POLICY:

If you no longer need the Stairlift and it is more than seven (7) days since your transaction date, please notify us right away. From the eighth (8th) day after your transaction date to within 7 calendar days after installation, if you wish to rescind your purchase or rental order, or return your installed Stairlift, Stannah’s Order Recission and Return Policy applies as follows. For Straight Models, we will provide a full refund of your purchase or rental price paid provided that you notify us prior to or within 7 calendar days of installation. For Curved Models, which are custom-made and tailored to your home or other location, for purchases and rentals, we retain 25% of the full purchase price of the Stairlift to cover our costs and committed resources. We will refund the balance of any payments made by you, provided you notify us prior to or within 7 calendar days of installation. If you no longer need your Stairlift and it is eight (8) or more calendar days after installation, we will remove the Stairlift at no cost to you and retain the full amount of any payments made. See below for details of our “Buy-Back and Removal Policy.”

3. BUY-BACK & REMOVAL POLICY:

Stannah’s buy-back and removal policy for purchased Stairlifts is valid for three (3) years following the installation date as follows:

⦁ Straight Models: $500 will be paid to you as “buy-back” if within two (2) years of the installation date, with free removal of the Stairlift. After 2 years and up to 3 years from installation, we offer free removal only (no refund).

⦁ Curved Models: $500 will be paid to you as “buy-back” if within two (2) years of the installation date, with free removal of the Stairlift. After 2 years and up to 3 years from installation, we offer free removal only (no refund).

Contact Stannah to arrange for Stairlift buy-back and/or removal. Stairlift removals requested more than 3 years from the installation date may be arranged with Stannah, at Buyer’s sole expense.

4. ENTIRE AGREEMENT:

The agreement between you and Stannah consists solely of the completed Stairlift Purchase Order Form or Stairlift Rental Order Form, as applicable, signed by Buyer and Stannah, and the Terms and Conditions contained herein, collectively, the “Agreement.” This Agreement embodies the entire agreement and understanding between you and the Company and supersedes any prior agreements or understandings. This Agreement may not be modified or terminated verbally.

5. TITLE:

Stannah retains title (ownership) of products until full payment of the purchase price for the Stairlift is received by Stannah.

6. LIMITED WARRANTIES:

Stannah represents and warrants that upon installation, the Stairlift will be free from material defects in design, material and workmanship. Additional limited warranties, all of which are subject to the exclusions in Section 6.4, are provided below.

6.1 New Stairlifts: All new Stairlifts are backed by a lifetime warranty on the carriage motor gearbox (“gearbox”). For as long as you own the Stairlift, if the gearbox breaks at any time, Stannah will supply parts at no cost to Buyer. If the gearbox requires repair within the first year of installation, Stannah will repair it at no labor cost to Buyer, and after the first year, Buyer is responsible to pay Stannah’s cost of labor. New Stairlifts come with a standard one (1) year warranty on other parts and one (1) year on labor, for any defect or problem that occurs during the warranty period. Parts warranty may be extended for up to a total of five (5) years through the purchase of a comprehensive service plan or through annual preventive maintenance.

6.2 Reconditioned Stairlifts: Reconditioned Stairlifts come with a ten (10) year warranty on the carriage motor gearbox, and a one-year warranty on other parts. During the first year of installation, labor for any necessary repairs or service is fully covered by Company. Thereafter, our standard labor charges apply. Parts warranty may be extended for up to a total of three (3) years through the purchase of a comprehensive service plan or through annual preventive maintenance.

6.3 Rentals: During your rental period, Stannah will cover the cost for any necessary repairs or service. If you decide to purchase the Stairlift after the initial rental period, our limited warranty applies from the date of installation as detailed in Sections 6.1 and 6.2, as applicable.

6.4 Exclusions: Buyer acknowledges that the above Warranties and any Post-Warranty Service Plans are not applicable to: i) Stairlifts serviced, repaired, or modified by anyone other than an authorized Stannah technician; ii) Stairlifts damaged by negligence, misuse, or lack of yearly maintenance and iii) wear and tear component parts such as parts such as batteries, roller replacement kits, OSG assembly, thrust rollers, and OSG activation arms.

Post-warranty service plans are available. Contact Stannah for details.

7. DISCLAIMER:

The above warranties are the sole warranties provided by Stannah. We expressly disclaim all other warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.

8. LIMITATION OF LIABILITY:

To the maximum extent permitted by law, Stannah shall not be liable under this Agreement for any special, incidental, indirect, punitive, or consequential damages, whether arising from breach of contract, breach of warranty, tort (including negligence), misrepresentation, or any other cause of action (including lost profits). This includes, but is not limited to, damages resulting from the unavailability or defect of a Stannah Stairlift, or delays in installation of a purchased or rented stairlift, regardless of whether the seller has been advised of the possibility of such damages. This provision will survive the termination or expiration of this Agreement. In no event shall Stannah’s liability to the Buyer for any damages alleged to arise under this Agreement exceed the purchase price or rental cost of the Stairlift that gave rise to the claim.

9. GOVERNING LAW; JURISDICTION:

This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. All disputes are subject to the exclusive jurisdiction of the federal and state courts in Massachusetts. Buyer waives any objection that such courts represent an inconvenient forum.

10. ARBITRATION:

In the event of any dispute related to or arising from the existence of, interpretation or performance under this Agreement, Buyer or Stannah may submit such dispute to binding arbitration before Judicial Arbitration and Mediation Services (JAMS) pursuant to its then current rules for the expedited resolution of commercial disputes, with all hearings to be held in or around Boston, Massachusetts; provided, the judgment provided in any such arbitration may be entered in any court having competent jurisdiction. In the event that Buyer or Stannah submits any dispute to JAMS for arbitration and the non-submitting party agrees to participate in such arbitration, the decision of the arbitrator shall be final and binding on both parties.

11. TAXES:

All prices provided under this Agreement are exclusive of any present or future sales, revenue, or excise taxes, or other tax that may be applicable to the products or services covered by this Agreement. Such taxes, when applicable, shall be added by Stannah to the Purchase Order or Rental Order provided in a separate invoice to Buyer and shall be paid by Buyer, unless Buyer provides Stannah with the proper tax exemption certificate(s) or other valid documentation demonstrating tax-exempt status of the product or service. Any delay on the dispatch of such documents by Stannah shall not defer or delay the payment due date, including payment of any taxes charged therein.

12. LATE PAYMENT FEES:

A charge of the lesser of 1.5% per month or the highest rate allowed by law will be added to cover the costs of handling your account if any amounts due and payable are not paid within 15 days from the date of the invoice. The imposition of Late Payment Fees shall be in addition to any other rights and remedies available to Stannah.

13. SEVERABILITY:

If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

14. FORCE MAJEURE:

Neither party shall be liable for inadequate or delay in performance of its obligations under this Agreement to the extent caused by a condition or circumstance (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, or Internet disturbance) that was beyond the party’s reasonable control, provided that the party so affected provides prompt written notice to the other party specifying the circumstance and affected obligations, and acts in good faith to overcome the circumstance causing the non-performance.

15. SUCCESSORS & ASSIGNS:

This Agreement shall be binding on and inure to the benefit of Buyer’s heirs, successors and assigns, and shall be binding on the Company and its successors and assigns.

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