Terms and Conditions
- In these conditions the ‘company’ means Aquacover Limited, and ‘the customer’ means any person(s) or Company buying Goods from the Company. ‘Goods’ means any equipment, installation services or other chattels, whether or not intended to become affixed to reality, sold under the Contract. The ‘Contract’ means the Contract for the sale and purchase of the Goods. The ‘Conditions’ mean the standard terms and conditions incorporated by the company.
- Unless expressly agreed otherwise in writing, any Contract for the sale or supply of Goods by the Company shall be subject to these conditions, to the exclusion of the terms and conditions of the customer. No employee or agent of the Company has authority to vary or waive any of these Conditions, except a Director doing so in writing.
- The Customer shall not be entitled to rely for any purpose on any representation made by the Company or any of its servants or agents to the Customer or any of his servants or agents otherwise than as expressly referred to in the contractual document(s) unless he shall prior to the conclusion of the Contract have notified the Company in writing that he intends to rely thereon in entering the Contract and the Company confirms its acceptance.
- No tender, quotation or other offer by the Company shall remain open for acceptance beyond a period of thirty days from the despatch or other communication thereof to the Customer.
- (a) The Customer shall inspect the Goods upon delivery. Any defective material, incorrect or short delivery must be notified to the Company by the Customer within seven (7) days of delivery otherwise the Company will accept no responsibility. In cases of non-delivery any claims must be received by the Company within twenty (20) days of the Customer having been notified of despatch.
- (b) In the event of any fault appearing in the ‘Goods’ within a year of delivery, the Company shall (if the said fault has been immediately notified to it by the Customer and the ‘Goods’ are (as the Company may direct) returned to it or made available for collection or inspection in situ) examine the same and in its opinion any faults found are due to any fault of its own design or manufacture or other workmanship it shall replace or (at its option) repair the same free of charge and refund to the Customer any cost of carriage incurred by him returning them. If it finds no faults for which it is responsible as aforesaid the costs of such carriage or collection or inspection and of any work shall be chargeable to the Customer. In the case of ‘Contracts for the supply of the goods outside the U.K’ such costs of carriage or collection or inspection shall in any event be borne by the Customer. In the case of faulty ‘Goods’ or parts not manufactured by the Company, the Customer shall be entitled, as far as possible, to the benefit of any guarantees given by the manufacturers; the Company will on request notify the Customer of the terms of any such guarantees.
- (c) Subject as expressly provided in these conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms by the statute or common law are excluded to the fullest permitted by the law. The Customer is advised to insure accordingly.
- (a) Unless otherwise expressly agreed in writing delivery shall be ex the Company’s works.
- (b) Unless the Company expressly agreed a fixed delivery date in writing all delivery dates quoted or agreed are estimates only and shall not be binding on the Company. Time of delivery shall not be of the essence The Company shall not be liable for any breach of any obligation to the Customer under the ‘Contract’ where the same is wholly or mainly due to circumstances outside the reasonable control of the Company.
- (a) The Company accepts liability under the Contract for death or personal injury resulting from its negligence.
- (b) The Company accepts liability for loss of or damage to the tangible property of the customer up to a limit of the lesser of £100,000 or to the value of the Goods supplied under the Contract. The Customer is advised to insure accordingly.
- (c) Except as stated above, the Company shall not be liable to the Customer by reason of any representation or any implied condition or warranty or any duty at common law or under the express terms of the Contract for any indirect or consequential loss or damage (whether for loss of profit or otherwise) costs, or expenses (whether caused by the negligence of the Company, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or re-sale by the Customer.
- (a) Risk shall pass to the Customer (which, in the case of delivery by carrier other than the Company’s own transport shall be deemed to be effected by the posting of the Goods or their delivery to the carrier, as the case may be).
- (b) (i) The Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid the Company all sums due under the Contract together with all sums due under any Contract with the Company.
(ii) The Customer acknowledges that he is in possession of the Goods solely as bailee and in a fiduciary capacity for the Company until such time as the property in them passes.
(iii) Until such a time as the Customer becomes the owner of the goods, he will store them on his premises separately from his own Goods or those of any other person and in the manner which makes them readily identifiable as the Goods of the Company. The Company may require the Customer to return at any time before the passing of the title. If the Customer fails to return the Goods, the Company shall be entitled to enter any vehicle or premises where the Goods are (or are to believed to be) and repossess the same.
(iv) The Customer’s right possession of the Goods shall cease upon the happening of any of the events specified in Condition 13 whether or not the Company terminates the Contract.
(v) Subject to the terms hereof, the Customer is licensed by the Company to process the Goods in such fashion as he may wish and/or incorporate them in or with any other product or products subject to the express condition that the new product or products or any other chattel whatsoever containing any part of the Goods shall be separately stored and marked so as to be identifiable as being made from or with Goods the property of the Company.
(vi) If Goods the property of the Company are admixed with Goods the property of the Customer or are processed with or incorporated therein, the product thereof shall become and/ or shall be deemed to be the sole and exclusive property of the Company. If the property of the Company is incorporated therein, the product thereof shall become or shall be deemed to be owned in common with that other person.
(vii) Subject to the terms hereof the Customer may sell on the Company’s Goods or any product produced from or with the Company’s Goods subject to the express condition that such sale shall be subject to an effective retention of title clause and to the Customer paying the entire proceeds of such sale into a separate account, to be held in trust for the company and not mingled with other monies or paid into any overdrawn bank account, so that the proceeds shall at all times be identifiable as the Companies monies.
(viii) If the Customer does not receive the proceeds of such sale, he will if called upon to do so by the Company, within seven days thereof assign to the Company all rights against the person or persons to whom he has supplied the Goods or any product or chattel made from or with the Company’s Goods.
- (a) Account Customer’ is one designated as such by the Company.(b) Account customers will be invoiced when the Goods are delivered and payment will be due at the end of the month following the month date of the invoice. Non-account customers must make payment for Goods (in cleared funds) on or before collection or delivery.(c) If the Customer fails to make any payment on the due date then, without prejudice to its rights or remedies, the Company may cancel the Contract or suspend deliveries under it, appropriate any payments made by the Customer in such manner as the Company thinks fit and charge the Customer interest (before and after Judgement) on the amount unpaid at 3% over the base rate of Lloyds Bank plc, from time to time applicable.
- Where between the date of the tender, quotation or other offer by the Company and the date of delivery the price to the Company of any of the Goods sold under the Contract or of any part or component thereof or any material used in the manufacture thereof is increased, the Company shall be entitled to increase the Contractual price of such Goods by no more than the amount of such increase. If the resulting increase is greater than 10% of the total price of the Goods in question the Company shall give the Customer notice of the increase in writing and the Customer shall be entitled by counter-notice, given within seven days of such to cancel the Contract in respect of such goods without liability.
- (a)This clause applies if:
(i) The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm ) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction to a solvent Company); or
(ii) an encumbrance takes possession or a receiver is appointed, of any of the property or assets of the Customer, or
(iii) the Customer ceases or threatens to cease to carry on business; or
(iv) the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the customer accordingly.
(b) If this clause applies then, without prejudice to any other right or remedy available to it, the Company shall be entitled to cancel the Contract or suspend any further delivery under the Contract without any liability to the customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
- No order which has been accepted by the company may be cancelled by the Customer. However, the Company may, in its discretion, accepted cancellation if the Customer indemnifies the Company in full against all loss (including loss of profit), costs (including labour and materials used), damages, charges and expenses (including any due to its own suppliers) incurred by the Company as a result of cancellation and pays a handling charge of 10% of the price of the Goods.
- It is the Customer’s responsibility to see that the Goods comply with any local regulations or bye-laws.
- Notice is hereby given to the Customer that the instructions for use, cautionary notices and other technical notices and information are supplied to the Customer with the Goods.
- Any variation agreed between the Parties as to the Goods to be sold must be in writing and shall be deemed to be an amendment to the Contract and shall not constitute a new Contract.
- English law is the proper law of the Contract and all disputes arising in connection with it are subject to the jurisdiction of the English Courts.
- (a) If any provision of these Conditions are held by a competent authority to be invalid or unenforceable in whole or part it shall be deemed deleted, but the validity of the remainder of that provision and all other provisions shall not be affected.(b) No waiver by the Company of any breach of this Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
NOTHING IN THESE CONDITIONS AFFECT THE STATUTORY RIGHTS OF THE PURCHASER