CONDITIONS OF SALE
In these T&Cs:
“the Company” shall mean BWT UK Limited:
“Offer” shall mean the Company’s offer or proposal which becomes the subject of the Order:
“Order” shall mean the order placed by or agreed by the Customer with BWT UK Limited:
“Customer” shall mean the person, firm or company who has placed the Order with the Company:
“Goods” shall mean any item or parts, being the subject of the Order:
“Special Conditions” shall mean any supplementary agreed in writing between the Customer and the Company:
“Delivery address” shall mean the place, area, building or land to which the Goods are to be delivered, installed, used, or stored.
1.1 The acceptance of an Order is given on the express understanding that unless agreed by the Company in writing to the contrary, the following Terms and Conditions apply to the exclusion of all others including any attached to the Customer’s Order.
1.2 The Company reserves the rights to alter the specification of the Goods to take account of the improvements in design, availability of materials or for any other reason. All drawings and illustrations contained in any catalogues, price lists or advertisements are approximate only and shall not form part of any Order unless expressly agreed in writing by the Company.
1.3 All weights, measurements, powers, capacities and other particulars of Goods quoted by the Company are stated in good faith as being approximately correct and the Company shall not be liable for any deviations from them.
1.4 The description of goods will be as specified on the offer page it is the Customer‘s responsibility to check that the goods specified are the same as the customer intended to order.
1.5 The Customer may cancel an Order at any time prior to despatch by contacting the Company and confirming that request in writing. An Order will only be deemed to have been cancelled when the Customer‘s request is confirmed by the Company in writing.
2.1 Full payment is required at the time the order is placed and BWT will collect payment from the debit /credit card details used either directly in the case of a telephone transaction or via Paypal if the order is placed via a BWT website
2.2 Refunds on goods cancelled prior to despatch will be made as soon as possible following the receipt of the Customer‘s written confirmation that the Order is to be cancelled and in any case will not exceed 30 days of that written notice. All refunds will be made onto the same debit/credit card used to make the original purchase.
Refunds for Goods already delivered will take place as soon as the goods have been issued with a goods return number, returned and inspected in line with any customer complaint in any case will not exceed 30 days following that return. Where no fault is found the customer will be subject to a restocking charge unless expressly agreed to the contrary in writing with the Company beforehand.
2.3 The Company reserves the right to charge interest on any overdue accounts at 3% above the National HSBC Bank UK base rates from time to time in force.
3.1 Complaints relating to faulty goods should be notified in writing to the Company within 7 days of the fault being noticed and should be addressed to Customer Services Department. BWT UK Limited. BWT House, Coronation Road, High Wycombe, Buckinghamshire, HP12 3SU or by email to [email protected] uk.co.uk
3.2 Subject to the provisions of this clause 3 the Company will at its option refund the price, repair or replace Goods which the Customer has demonstrated are by reason of poor materials or workmanship defective under proper use within 12 months from delivery.
3.3 As soon as the defect is discovered, written notice must be given to the Company and the Customer must request a goods return number before returning the goods to our returns depot, carriage paid.
3.4 No guarantee shall apply if the full price of the Goods has not been received by the Company.
3.5 The Company guarantee set out under this clause 3 shall be in lieu of any warranty, expression or condition implied by law or otherwise as to the merchantability, quality or fitness for purpose of the Goods.
3.6 Goods which are of any expendable or consumable nature are excluded from the guarantee.
3.7 Where any recommendation or advice is given by the Company or its agents as to the mode of storing or using the Goods and advice is given in good faith, the Company shall not be liable for any loss or damage suffered by reliance thereon.
3.8 Any guarantee given as to the performance of the Goods in the product description is based on the design parameters and water quality used at the time of the test.
3.9 All guarantees given pursuant to this Agreement will only be operative and binding on the Company in the circumstances where (unless otherwise agreed in writing):
(a) the Goods are at all times operated strictly in accordance with the Company’s instructions and otherwise in accordance with good practice
(b) the Goods have not been modified or altered except with the Company’s written consent
(c) the Company is given adequate time and opportunity to rectify any failure in performance of the Goods.
3.10 The Company shall be under no liability for failure to obtain any performance figures quoted unless the company shall have expressly and specifically guaranteed them as a separate obligation in writing.
3.11 In the event that liquidated damages have been agreed for default, they shall be in full satisfaction of any liability under the Order or on any other account.
3.12 If the Customer claims that the Goods do not perform as guaranteed, the Company reserves the right to send a representative to investigate the Customer’s claim. If such representative is able to achieve guaranteed performance without alteration other than routine adjustments or the fault in the Goods is bound to be due to an act or omission of the Customer, then such visits are to be at the Customer’s expense.
- FORCE MAJEURE AND CANCELLATION
4.1 Should the execution of the Order be hindered or delayed by the Customer’s instructions or lack of instructions or by any act or omission on the Customer’s part or by any cause whatsoever beyond the Company’s reasonable control (including but not limited to strike, lockouts, fire, explosion, shortage of raw materials, delay in delivery from our suppliers, state of war whether declared or not, civil strife, sabotage, vandalism and exceptional weather conditions, government or any other regulations, rules, statues or orders enacted after the acceptance of the Quotation) the Company at its absolute discretion shall be at liberty to cancel or suspend the Order forthwith without any liability whatsoever by the Company to the Customer.
4.2 The Company shall be entitled to suspend or cancel the order forthwith if the Customer makes default in any payment under this or any other Order or becomes bankrupt or, in the case of a limited company, goes into liquidation or becomes subject to receivership. Any such cancellation shall be without prejudice to any other rights or remedies the Company may have against the Customer. In the case of suspension clause 5.2 shall apply.
4.4 All Goods returned other than in circumstances of faulty merchandise, wrongful delivery by quantity or type, must be carriage paid at the Customer’s risk the customer shall, without prejudice to the Company’s other rights and remedies pay a minimum handling charge of 30% of invoiced value unless expressly agreed to the contrary in writing with the Company beforehand.
5.1 Delivery will normally take place within the timescale estimated on the website however this timescale is only an estimate and shall not be the essence of any order.
5.2 Where the Company has arranged delivery transport, the Company will repair or replace Goods damaged or lost in transit to the place of delivery provided that the Customer shall advise the Company, within 48 hours of such damage or loss.
5.3 Partial deliveries or partial completion of the Order shall in no way nullify any of these terms and conditions from applying to the parties’ delivery or completion or to the balance of the Order.
- PROPERTY AND RISK
6.1 The property in the Goods shall not pass to the Customer until the full price has been received by the Company.
6.2 If any part of the price shall be outstanding for more than 28 days or if the Customer goes into liquidation or is subject to receivership the Company shall be entitled to take possession of the Goods and as licensee of the Customer may enter the premises of the Customer for the purposes of such recovery.
6.3 The risk in the Goods shall pass to the Customer upon delivery and the Customer shall insure the Goods against all usual risks.
6.4 Should the goods be returned to BWT UK Limited having been damaged whilst in the care of the customer any cost of such damage will at the discretion of the Company be recovered from the Customer
- LIMITATIONS OF LIABILITY
7.1 Notwithstanding any other provision hereof to the contrary:
(a) neither party hereto shall be liable to the other whether in contract, tort (including negligence), or howsoever, for any consequential or economic loss, including but not limited to loss of any profit, loss of any order or contract, non-operation or increase in expense of operation: and
(b) save in the case of death or personal injury caused by the Company’s negligence or default, the Company’s total aggregate liability for the Customer under or in respect of the Order whether such liability shall arise in contract, tort (including negligence) or howsoever, shall be limited to the value of the goods or services supplied.
7.2 If the Customer uses or treats the Goods in such a manner as to infringe any patent rights, design rights, trade marks or copyright, the Company shall not be responsible for such infringement and the Customer agrees to indemnify the Company from and against all liability arising therefrom.
7.3 The Company retains the right to refuse any order that is subject to an error on its website and will in these circumstances reimburse the Customer in full.
- FRAUD PREVENTION
8.1 The company reserve the right to investigate any order that it suspects may be fraudulent, and will delay the delivery of any such order until it is satisfied that the order is bona fide.
8.2 If the company is unable to contact the customer or prove that the order is bona fide then the monies will be refunded to the original debit/credit card used and the order cancelled.
8.3 For your protection and to ensure your debit/credit card is not used fraudulently during on-line purchases PayPal will validate your details, you are advised to read their terms and conditions before completing any transaction
- ORDER OF PREFERENCE
9.1 In case of any conflict between the provisions of any Special Conditions, these terms and conditions and any other documents or communication, the following order of preference shall apply first the Special Conditions secondly these terms and conditions thirdly any other documents or communications.
10.1 The Order may not be assigned in whole or in part by either party without the prior written consent of the other party. Nothing under this condition shall prevent the Company from subcontracting or from performing its obligations through agents where this is customary.
11.2 The Customer shall ensure that in respect of all information or data received by the Customer relating to the subject matter of the Order or to the Company’s business or affairs, disclosed whether in writing, orally or by other means to the Customer by the Company or by any third party on the Company’s behalf remains the property of the Company and shall be treated as confidential by the Customer and will not be disclosed to any third party without the Company’s written consent. The customer shall procure that persons to whom such information is divulged by them shall themselves observe the requirements of these conditions.
11.3 All information provided by the customer will be treated securely and in strict accordance with the Data Protection Act 1998.
Each undertaking in these terms and conditions shall be considered as a separate undertaking and if one or more of the undertakings contained in these terms and conditions is found to be unenforceable or in any way an unreasonable restraint of trade, the remaining undertaking shall continue to bind the parties.
- GENERAL USE OF WEBSITE
13.1 The Company website and its contents are protected under copyright laws. You may only use the material contained on the website for your own personal and non-commercial use. The use of materials, trademarks and other intellectual property contained within the website is forbidden without the express permission of the Company in writing. We reserve the right to claim further damages.
13.2 By using the website you agree not to intentionally misuse it.
13.4 The website may contain links to external websites unrelated to the Company in these cases the Company is not responsible for the content or practices of these websites.
13.5 The Company regularly inspects its discussion forums, used on this and or its other web sites for misuse without obligation. The Company reserves the right to bar Users who use the forums inappropriately regardless of whether that use is illegal, criminal or offensive and will remove such content without consultation.
13.6 The information on the Company website has been carefully compiled but the Company gives no guarantee that the information is up to-date, complete or suitable for specific purposes. The Company reserves the rights to alter the specification of the Goods to take account of the improvements in design, availability of materials or for any other reason. All drawings and illustrations contained within the website are approximate only and shall not form part of any Order unless expressly agreed in writing by the Company.
13.7 All weights, measurements, powers, capacities and other particulars of Goods quoted by the Company are stated in good faith as being approximately correct and the Company shall not be liable for any deviations from them.
14.1 The copyright subsisting or which subsequently subsists in all documents, drawings, specifications, designs, programs or any other material prepared by the Company whether readable by humans or by machines shall belong to the Company absolutely and they shall not be reproduced or disclosed or used in their original or translated form by the Customer without the Company’s written consent for any purpose other than for which they were intended.14.2 The Company is the owner of all the trademarks used on its websites unless expressly stated otherwise. Third parties are not permitted to use any of these marks without the express permission of the Company in writing.
- GOVERNING LAW
This Order shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.