Terms & Conditions

1.1. "Infinity" means Infinity Material Handling Limited, a company registered in England and Wales, whose registered office address shall be confirmed on all official company documentation and invoices.

1.2. "Customer" means the person, company, firm or organisation purchasing, hiring, leasing or otherwise obtaining goods or services from Infinity.

1.3. "Conditions" means the terms and conditions set out in this document and any additional terms agreed in writing by Infinity.

1.4. "Goods" means all forklifts, machinery, equipment, parts, accessories, batteries, chargers or other products supplied by Infinity.

1.5. "Services" means repairs, servicing, maintenance, transport, inspections, hire, consultancy or any other work carried out by Infinity.

1.6. "Order" means any written, verbal or electronic request by the Customer for Goods or Services.

1.7. "Contract" means the agreement between Infinity and the Customer for the supply of Goods and/or Services incorporating these Conditions.

2.1. These Conditions shall apply to all contracts for the sale, hire or supply of Goods and/or Services by Infinity.

2.2. These Conditions shall override any other terms proposed by the Customer unless agreed in writing by an authorised representative of Infinity.

2.3. Any quotation issued by Infinity is valid for 30 days unless otherwise stated.

3.1. All Orders are subject to acceptance by Infinity.

3.2. Orders must clearly state descriptions, quantities and agreed pricing.

3.3. No accepted Order may be cancelled without Infinity's written consent.

3.4. Infinity reserves the right to charge reasonable costs incurred up to the cancellation date.

3.5. Special order or customised Goods are non-returnable unless defective.

4.1. All prices are exclusive of VAT unless otherwise stated.

4.2. Delivery, installation, transport, export documentation and other additional charges may apply unless specifically included.

4.3. Infinity reserves the right to amend pricing due to fluctuations in exchange rates, shipping costs, supplier costs, labour or material increases.

4.4. Any additional work requested by the Customer outside the original scope may be charged separately.

5.1. Unless otherwise agreed in writing, payment terms are strictly 30 days from invoice date.

5.2. Infinity reserves the right to request full or partial payment in advance.

5.3. Time for payment shall be of the essence.

5.4. Late payments may incur interest at 4% above the Bank of England base rate calculated daily.

5.5. The Customer shall not withhold payment due to disputes or counterclaims unless agreed by Infinity in writing.

5.6. Infinity reserves the right to suspend deliveries, services or support where payment is overdue.

6.1. Delivery dates are estimates only and time shall not be of the essence.

6.2. Infinity shall not be liable for delays caused by transport providers, suppliers, customs clearance or events beyond its reasonable control.

6.3. Delivery is completed when Goods are made available to the Customer at the agreed delivery location.

6.4. The Customer shall provide suitable access and unloading facilities at the delivery location.

6.5. Any shortages, damages or incorrect deliveries must be reported in writing within 7 days of delivery.

7.1. Risk in the Goods passes to the Customer upon delivery.

7.2. Title to the Goods shall remain with Infinity until full payment has been received for all outstanding amounts owed by the Customer.

7.3. Until title passes, the Customer shall:

a) keep the Goods properly stored and insured;

b) not remove or alter any identification marks;

c) allow Infinity access to inspect or recover the Goods if payment is overdue.

7.4. Infinity reserves the right to repossess Goods where payment has not been made in accordance with these Conditions.

8.1. Unless otherwise stated in writing, used equipment is supplied as inspected and tested at the time of sale.

8.2. Any manufacturer warranty supplied with new equipment shall apply subject to the manufacturer's terms.

8.3. Infinity shall not be liable for defects arising from:

a) misuse or operator negligence;

b) unauthorised repairs or modifications;

c) failure to maintain equipment correctly;

d) fair wear and tear;

e) use outside recommended operating conditions.

8.4. Warranty claims must be reported in writing immediately upon discovery.

8.5. Infinity may, at its discretion, repair, replace or refund defective Goods.

9.1. Infinity's total liability shall not exceed the value of the Goods or Services supplied under the relevant Contract.

9.2. Infinity shall not be liable for indirect or consequential losses including loss of profit, business interruption, loss of contracts or loss of goodwill.

9.3. Nothing in these Conditions shall exclude liability for death or personal injury caused by negligence or any liability which cannot legally be excluded.

10.1. Goods may only be returned with prior written approval from Infinity.

10.2. Returned Goods must be unused, undamaged and in original condition.

10.3. Infinity reserves the right to apply handling or restocking charges.

11.1. Where Goods are supplied on hire, the Customer shall:

a) keep the equipment secure and insured;

b) use the equipment safely and in accordance with applicable laws;

c) ensure operators are suitably trained and authorised.

11.2. The Customer shall be responsible for loss, theft or damage during the hire period.

11.3. Hire charges continue until equipment is returned or collected by Infinity.

12.1. Infinity may require a deposit before processing an Order.

12.2. Deposits are non-refundable unless otherwise agreed in writing.

12.3. Infinity may deduct from any deposit costs incurred including labour, transport, sourcing, administration or customisation work.

13.1. Infinity shall not be liable for failure or delay caused by events beyond its reasonable control including but not limited to:

a) acts of God;

b) floods, fires or natural disasters;

c) war or civil unrest;

d) strikes or labour shortages;

e) supply chain disruptions;

f) transport delays;

g) government restrictions or regulations.

14.1. Infinity may terminate or suspend any Contract immediately if the Customer:

a) becomes insolvent or bankrupt;

b) enters administration or liquidation;

c) ceases or threatens to cease trading;

d) fails to make payment when due.

14.2. All outstanding sums shall become immediately payable upon termination.

15.1. The Customer shall be responsible for compliance with all import regulations, duties, taxes and licensing requirements outside the United Kingdom.

15.2. Unless otherwise agreed, risk transfers in accordance with the agreed Incoterms stated on the invoice or quotation.

16.1. The Customer is responsible for ensuring all equipment is operated safely and in accordance with applicable health and safety legislation.

16.2. Operators must be suitably trained and competent.

16.3. Infinity accepts no liability arising from unsafe operation or misuse of equipment.

17.1. Infinity shall process personal data in accordance with applicable UK data protection legislation.

17.2. Customer information may be used for account management, delivery, servicing and legal compliance purposes.

18.1. If any provision of these Conditions is found unenforceable, the remaining provisions shall remain valid and enforceable.

19.1. These Conditions and any Contract shall be governed by and construed in accordance with the laws of England and Wales.

19.2. The parties submit to the exclusive jurisdiction of the courts of England and Wales.