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

 

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Aquacover Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Aquacover Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Aquacover Limited, 55 High Road, South Wingfield, DBY, DE55 7LX, United Kingdom.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@aquacover.co.uk.

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