TERMS AND CONDITIONS OF SALE
1.1 In these Terms: “Company ” means Aquatiére , “Customer ” means the purchaser of Goods
from the Company , “Goods” means all goods sold and/or delivered by the Company to the Customer , “Terms ” means these terms and conditions of sale.
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.2 The balance of the invoice price must be paid in full before delivery.
4.3 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.
5.1 The Customer must, within 5 days of being notified of their availability, collect or accept delivery of the Goods.
5.2 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
5.3 Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
7. Risk and Insurance
7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
8.1 Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
9.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 10% of the invoice price of the Goods).
10. Limited Liability
10.1 These Terms do not affect any statutory rights, entitlements and remedies under English Law.
10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance.
10a. Returns/refunds policy
10a.1 All the returns procedures listed below are subject to you notifying us by phone or mail prior to returning the item. You may return an item for any reason within 7 working days of receiving the goods. We will not be held responsible for the method of postage used to return the goods or the payment of the transit back to us. We strongly recommend that you use a traceable service to return any items, defective or otherwise.
10a.2 We reserve the right to refuse a return if the item is not in a resalable condition. In some circumstances we may also charge a minimum of a 15% restocking charge (this fee can vary depending on the product). If for any reason we agree to collect goods from an agreed address, we cannot be held responsible for collection failures. In such an event, the customer must return the goods at their own cost regardless of the original reason for collection.
10a.3 If you wish to return an item because of an error on our part, or it is defective, please contact us and we will arrange a collection. We will only cover your return postage costs if agreed prior to returning the goods. The item(s) must be returned within 30 days of purchase, provided you retain a copy of your invoice as proof of purchase.
10a.4 When an item is returned to us from Royal Mail or our carriers because it was undelivered and arrangements were not made to redeliver or collect, we will resend the item when payment for the full cost of delivery is made. Our special offer delivery does not apply to redelivered goods.
10a.5 We cannot be held responsible for any costs incurred during communication with Aquatiere whether that communication be via telephone,
e-mail or otherwise.
10a.5 All returns are subject to the goods being complete, unused and in a resalable condition. This includes the goods packaging.
10a.6 We regret that we cannot refund incorrectly supplied goods if they are not returned in a resalable condition, with the original packaging.
10a.7 If any defect or any fault is apparent, then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
and in either case, the Company will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
11.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
11.3 The provisions of any act under English law implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negated and excluded to the full extent permitted by law.
11.4The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
12.Display and Samples
12.1 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.
13.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
14 Intellectual Property
14.1 The copyright and other intellectual property rights in all material and goods supplied (including without limitation photographs and graphical images) are owned by the Company. Upon the purchase or the agreement to purchase, hire or take goods on sale or return you agree to accept the terms of our non-disclosure agreement covering intellectual knowledge and know how. This non-disclosure agreement is intended to prevent disclosure of our water treatment medias and formulas to competitors or other commercially interested parties (full copy available on request)
15.Right to Enter Premises
15.1 In any of the circumstances referred to in clause 6, the Customer:
(a) authorises the Company by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass; and
(b) assigns to the Company all the Customer’s rights to enter onto and remain in and on such premises until all the Goods have been collected.
1 6 . Force Majeure
The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
1 7 . Waiver of Breach
17.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent
breach or default by the Customer.
18. No Assignment
18.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
19.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
20. Governing Law
20.1 These Terms and the Contract shall be governed by the law of England and Wales and the parties submit to the courts of England and Wales in respect of any dispute arising.