Terms and conditions
- DEFINITIONS In these Terms and Conditions, except where the context otherwise requires, the following expressions shall have the following meanings “Company” means Hydropool Norfolk “Contract” means the contract for sale or purchase of Goods and/or the performance of services “Customer” means the person, firm or company dealing with the Company Goods” means the goods to be manufactured and/or supplied by the Company pursuant to the Contract, including any goods substituted pursuant to clause any instalment or instalments under the Contract “Services” means services, which the Company is to perform under the contract.
- TERMS AND CONDITIONS The Company will only contract to sell the Goods subject to these Terms and Conditions. Any order placed by a Customer shall be subject to these Terms and Conditions which shall override any term and conditions which the negotiations in his order or any acceptance of any offer by the Company or otherwise, and the place of an order by the Customer shall be deemed to be an acceptance of these Terms and Conditions. No variation of and be unless agreed by an authorised representative of the Company in writing.
- EXCLUSIONS, LIMITATIONS AND INDEMNITIES The Company contracts on behalf of itself, its employees and agents and in so far as any exclusion or limitation of liability or indemnity appears in these Terms and Conditions, and the same shall ensure for the benefit not only of the Company but also its employees and agents.
- When DEATH OR PERSONAL INJURY or limits its liability in respect of any loss or damage, the does in these Terms and Conditions the Company excludes from its or to exclude or limit liability for death or personal injury resulting whether Company own negligence or that of its employees or wholly o (pro lento) in part 5.
- QUOTATIONS agents, and these Terms and Conditions shall take effect accordingly Any quotation is provided by the Company as an invitation to treat and is subject to confirmation by the Company upon receipt of the Customer’s order; the Contract shall be made only when and subject to the terms upon which the Customers order is accepted by the Company.
- PRICE Unless otherwise expressly agreed by the Company in writing, the price of the Goods and/or Services shall be the Company’s current price at the date of acceptance of the Customer’s order. The Company reserves the right to increase the price to reflect in the cost to the Company of any factor beyond the control of the Company including, without limitation, any currency exchange, fluctuation or regulation or alteration of duties. All prices are exclusive of VAT and of charges for packaging, transport an unless otherwise stated in writing.
- PAYMENT All part payments and deposits are non-refundable as standard for any products manufactured to customers specification / Bespoke. The Customer prior to delivery or collection of the Goods shall pay any of payment due. Any orders not fulfilled due to delay balance of the Customer after 12 months from the date of order shall incur an additional charge of 10% the balance of the total purchase Company the right to or perform by instalments and to render a separate invoice in respect of each instalment. Unless otherwise agreed, payment of the price plus VAT together with any other charges shall be made promptly by the Customer in full without any deduction, set off or counterclaim on or before the last day of the month invoice and time of payment shall be of the essence of the Contract. All and any monies remaining due and unpaid to the Company after the due date shall bear interest at the rate of 4% above the base rate for the time being adopted Company’s Bank. the Company has to instruct solicitors or other agents to recover monies owed by the Customer, the customer will indemnify the Company in respect of all fees and costs payable by the Company to such solicitors or agents
8.1 Delivery of any Goods shall be made by the Customer collecting the Goods at the Company’s premises after the Company has notified the Customer that the Goods are ready for collection, or if some other place for delivery is agreed by the Company delivering the Goods to that place. Unless otherwise agreed in writing, it shall be the responsibility of the Customer to collect Goods, which are to be collected immediately upon being notified that the Goods are available for collection
8.2 If the Customer fails to take delivery of any Goods then (without prejudice to any other right or remedy of the Company) the Company may store the Goods at the cost and risk of the Customer or sell the Goods at the best price readily obtainable and (after deducting all storage, insurance and selling expenses) charge the Customer for any shortfall below the Contract price
8.3 Where the Company has agreed in writing to deliver the Goods to the Customer then; (1) the Customer shall pay the Company the agreed delivery charge, or if no such charge has been agreed such delivery specify charge as the Company at its reasonable discretion may access capable of carrying the weight of the delivery (2) the Customer shall ensure that the delivery point has safe vehicle and its load (3) the Company shall be entitled to charge the Customer for all packing cases or pallets or other light items supplied and not returned to the Company; and (4) the unloading of the Goods from the delivery vehicle shall be the entire responsibility of the Customer, who shall ensure that there is sufficient labour and machinery to carry out such unloading promptly, efficiently and safely, and the Customer shall indemnify the Company against any loss or damage to or suffered by the Company in co such unloading
8.4 The Company will use all reasonable endeavours to deliver Goods and to perform Service as specified in the Contract but any date or time specified for delivery or performance is (unless agreed otherwise by an authorised representative of the Company in writing) an estimate only Without prejudice to the generality of the foregoing, delivery of Goods is subject environmental policies and economic conditions in the country of origin, shipping and safe arrival. Late delivery or performance will not entitle the Customer to reject any Goods or Services, terminate the Contract, withhold any payment, claim damages or any other remedies.
- SUBSTITUTION Notwithstanding that time is not of the essence of the Contract in relation to delivery and without prejudice to any other of these Terms and Conditions, if for any reason the Company in its reasonable discretion believes that it will be unable to supply the Goods or any of them by any particular date, the Company may supply goods which in its reasonable discretion it believes to be of comparable quality.
- RISK AND PROPERTY
10.1 Goods shall be at the risk of the Customer (1) in the case of Goods to be collected by the Customer, at the time when the Company notifies the Customer that the Goods are available for collection; or (2) in the case of Goods to be delivered otherwise, at the time of delivery
10.2 Notwithstanding delivery and the passing of risk in the Goods title, Goods supplied by the Company shall not pass to the Customer until all monies due to the Company from the Customer have been paid
10.3 Until such time as title in the Goods has passed to the Customer (1) the Customer shall hold the Goods on trust for the Company and shall store the Goods properly and insured in such a way that they can be identified as the Goods of the Company (2) the Company (without prejudice to its other rights and remedies) shall have the right to recover and sell the Goods and to enter to any premises where the Goods are stored for that purpose (3) if the Goods are destroyed by an insurance risk, the Customer shall hold the proceeds of the insurance (limited to the amount owing to the Company on trust for the Company (4) provided that the Customer shall not be in breach of any item of the Contract, the Customer shall be entitled to sell the Goods in the ordinary course of the Customer’s business as agent for the Company and the Customer shall hold the proceeds of sale (limited to the amount owing to the Company on trust for the Company (5) should the Goods become constituents of or attached to or be converted into other products, the Company shall have title to such products as if they were solely and simply the Goods and the provisions of this clause shall apply thereto; and (6) the Customer’s rights to possession of the Goods shall cease immediately if being a body corporate it commits or omits to do any matter or thing which would entitle any person to present a petition for winding up, or being other than a body corporate commits an act of bankruptcy.
- SHORTAGES AND ERRORS The Customer shall be responsible to examine and check the Goods immediately upon receipt. Unless the Company is notified by letter dispatched within 30 days of receipt working of a Consignment time being of the essence) of any alleged shortage or error, the Customer shall not be entitled to reject the Goods, claim damages or any other remedy and the Company shall have liability for the same 1.2 lf the Company is so notified and the shortages or error is proved to the satisfaction of the Company, the Company shall as soon as possible replace or make good the same, or if there are circumstances beyond its control rendering such replacement or making good impossible then the Company shall refund a proportionate amount of the purchase price paid or in so far as such price has not been paid give credit accordingly, but in no circumstances whatsoever will the Company be further liable or in particular responsible for a consequential loss allegedly caused by such shortage or error.
- EXCLUSIONS AND LIMITATIONS
12.1 Subject as expressly provided in these Terms and Conditions and except where Goods are sold or Services perf by or person dealing as a consumer, all warranties, conditions or fullest the is advised to check Goods and Services before use of
12.2 before incorporating them into other goods of or such information term of The Company all and any written documents issued by the Company but is subject to alteration notice and no warranties are given its accuracy, nor of it incorporated as a bye and except that information is specifically confirmed in writing to the Customer ch the Company than quotation and then only subject to recognised tolerances.
12.3 Neither the Company’s employees nor agents are authorised to make an reference or representations as to the in any manner relating to and specification, performance, quality, suitability statement whether made negligently or otherwise, nor for any loss of any kind the Company shall not be liable there from, the Customer acknowledges that has not on any such representation
12.4 The Customer shall be free at expense test, inspect, and Goods prior or which he requires the Goods or have specifically disclosed the purpose to the Contract, but unless the Customer shall and the shall have given a specific in writing that the Goods and or Services are fit for purpose the Company gives no warranty whatsoever that the Goods and/or Services are for the Customer’s purpose. arises from
12.5 The Company shall not be liable for any direct loss suffered by the Customer whether this loss a breach of duty in contract or tort or otherwise, and even in respect of defects for which the Company has accepted indirect loss are loss of profits. loss of responsibility pursuant to clause 13. In exhaustive illustrations of consequential or contract, damage to property and personal injury.
- WARRANTY Services performed will be of satisfactory The Company warrants that at the time of delivery or performance Goods supplied and quality and free from defect in material and workmanship and (save in so far as the Company upon acceptance of order shall have stated otherwise substantially in accordance with the Company description. However, the Company shall in no description or liable for a breach of such warranty unless alleged defects or failures or non-correspondence with any other complaint are notified in writing by the Customer to the Company by letter dispatched within three months of delivery and within three working days of discovery by the Customer of the same time being of the essence and immediately upon such notice being given the Customer shall return any Goods in question to the Company premises, carriage paid, unless the Company physically incapable of returned in which case the Customer shall give reasonable access and to the being for inspection and found upon by or on behalf of the Company to render the or
13.1 respect of such complaints so notified which are repair free of charge the Goods in question, Company in breach of warranty the Company shall at its discretion replace or to the f this is impossible the purchase price and shall or pay for all necessary transport charges limited cost of transport from the original consignment address of the Goods
13.2 are not found to be defective then any Goods will be returned to the Customer at the customer’s expense and the customer shall reimburse the Company all its expenses arising out of the making and investigation of the complaint.
- PRODUCT GUARANTEE All products offered for sale by the Company are in their opinion, suitable for the purpose for which they are supplied and are covered by the original manufacturer’s guarantee, which is fully supported by the Company and does not limit the Customer’s statutory rights in law
14.1 The guarantee in clause 14 is made subject to the following conditions: otherwise improperly used in any manner whatsoever (2) the Goods must be installed by suitably qualified personnel in accordance manufacturer’s installation instructions (3) the Goods must have been properly maintained and serviced by suitably qualified personnel as recommended by the Company or manufacturer and only parts produced by the manufacturer of the Goods have been fitted to the Goods (4) the guarantee does not apply to equipment or Goods not supplied by the Company (5) any equipment, part or component repaired or replaced under this guarantee will be covered for the balance period of the original guarantee (6) any defect shall be notified to the Company in writing as soon as possible after it becomes apparent (7) the Goods have been paid for in full (8) the Customer has completed any warranty card or online warranty form and returned it to the manufacturer within 15 days of purchase
14.2 The guarantee may be transferred to a subsequent purchaser only with the prior written agreement of the manufacturer and/ or the Company
14.3 The guarantee does not cover any costs incidental to the replacement or repair of the Goods, including without limitation the cost to the Customer of returning Goods to the Company, the delivery to the Customer and installation of replacement Goods
14.4 Except as provided in these Conditions all warranties, Conditions (except as to the Company’s title to sell Goods and statements, express or implied, statutory or otherwise or contained in any literature concerning the Goods, are excluded
14.5 Except as provided in this clause 14 the Company shall not be liable for any loss or damage whatsoever, whet (including negligence) or otherwise and including, without limitation, loss or damage caused by or arising out of a defect in the Goods, or for any loss or damage caused by or arising out of the use of the Goods
14.6 The Company, its directors or employees shall not in any event be liable or responsible for any indirect incidental or consequential loss or damage including loss of use, revenue, goodwill, or profit, loss or damage to property, however caused
14.7 The limitations and exclusions contained in clauses 14.4 and 14.7 shall not apply to (1) Death and/or personal injury caused by negligence and/or (2) Damage caused by any defect in the Goods (and ‘damage’ and defect’ shall have the same meaning as Consumer Protection Act 1987.
- ADVICE or recommendation given orally or in writing by the Company, its employees or agents whether requested by the customer or any other party is given for guidance only and is not intended to be relied upon, and the Customer checking the validity of any advice recommendation so given. The Company shall not be under any liability whatsoever in respect of any act or omission of any recipient (direct or indirect of any such advice or recommendation or in respect of any loss whatsoever resulting there from.
- INDEMNITY The customer shall at all times keep the Company indemnified against all actions, proceedings, demands, claims made or brought against the Company and costs and expenses incurred in connection therewith by a party in respect of any alleged injury or damage arising out of or in connection with the Goods or Services in so far as the same is caused default of by the act, neglect or the Customer, its employees or agents.
- CUSTOMER’S DEFAULT on the event of the Customer failing to pay any sum on its due date or committing any other breach of the contract the company shall (without prejudice to any of its other rights or remedies) be entitled at its absolute discretion:
17.1 upon giving notice in writing to the Customer, to terminate without any liability whatsoever on the part of the Company any agreement from which further deliveries of Goods or performance of Services are or remain to be made and to recover from the Customer in respect of such agreement so terminated the Company’s loss of profit and/or losses caused thereby; and
17.2 to repossess any Goods delivered to the Customer and not paid for in full (and for that purpose to enter upon the property where the same are situated) and to resell the same giving credit for the resale price or salvage value (if any) against the sums due and unpaid including interest and
17.3 in relation to any future order or balance or order, to insist on payment in full on or before delivery or performance.
- CUSTOMER’S INSOLVENCY In the event that (being an individual the Customer commits an act of bankruptcy or has a receiving order made against him, or (being a company) enters into liquidation or has had a Receiver or Administration Receiver or Manager appointed of the whole or any part of its business or undertaking or if distress or execution is levied or threatened upon any of the Customer’s Property, then the Company shall (without prejudice to all and any other right it may have) have the same rights as those set out in clause 16 above
- MISCELLANEOUS cancellation or variation by the
19.1 Every effort will be made to carry out the Contract but its due performance is subject to Company (as the Company in its absolute discretion may determine) if the Company is unable to secure labour or materials as a result of any act of God, war, riots, civil commotion, strike, national emergency, legislation, regulations, accidents, breakdown of machinery, carrier’s default or other cause (whether of the foregoing class or not beyond the Customer shall as a waiver of any subsequent Company’s control the be considered
19.2 No waiver by the Company of any breach of Contract by breach of the same or any other provision pre-paid first class post or facsimile addressed to that
19.3 Any notice to be given by either party to the other shall be in writing by or such other address as may have be other party at its registered office address or principle place of business pursuant to this provision to such other party. purposes only and no intended to form part of these
19.4 Headings contained in these Terms and Conditions are for reference terms and Conditions and shall not affect their interpretation invalid or unenforceable in whole or
19.5 If any provision of these Terms and Conditions is held by any competent authority to be question shall in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in e affected thereby. and the parties shall submit themselves to the jurisdiction
19.6 shall be governed and interpreted by English law the English Court.