0845 201 1915
Aquaplus Solutions Terms & Conditions
GENERAL CONDITIONS OF SALE
General
(a) ‘We’ means the Company: the Company means Aquaplus Solutions.: the ‘Quotation’ means the quotation given overleaf (or where these Conditions are attached to a delivery note, invoice or acknowledgement of order, the quotation means the quotation supplied to you previously by us): ‘You’ means you, the Purchaser, the person, firm or company to whom the quotation, invoice, delivery note, application for payment or acknowledgement of order is addressed and the ‘Goods’ means the goods subject of the quotation, delivery note, invoice, applications for payment or acknowledgement of order, respectively. ‘Contract’ means the contract for the sale of the Goods as set out in the quotation, invoice, delivery note, acknowledgement of order and these conditions, and any other documents signed by the parties and expressly stated to form part of the Contract.
(b) All illustrations, data and other information contained in our brochures, catalogues, advertisements, price lists, technical data sheets or other documents are approximate only and shall not form part of the contract.
(c) These Conditions supersede any earlier conditions appearing in any of our documentation (other than special conditions) and all representations terms, conditions, warranties or guarantees whether express or implied arising by statute common law or otherwise are (to the extent permissible by law) hereby excluded provided that nothing in these Conditions shall operate to exclude or restrict liability for personal injury or death resulting from our negligence or to exclude the provisions of Section 12 of the Sale of Goods Act 1979.
(d) If the whole or any part of any one or more provisions of the Contract would be deemed unreasonable pursuant to the Unfair Contract Terms Act 1977 or unfair pursuant to the Unfair Terms in Consumer Contracts Regulations 1994, such provisions shall not apply to the extent that they would thereby be unenforceable.
(e) If the whole or any part of any one or more provisions of the Contract are invalid or unenforceable at law, all the other provisions of the Contract shall remain in full force and effect and the parties shall negotiate in good faith to agree and implement one or more substitute provisions having similar effect so far as the law permits.
(f) No variation of the Contract shall be effective unless it is in writing, signed by us and expressly stated to be a variation of the Contract.
(g) Aquaplus Solutions offer a range of “frameless” shower screens. The word “frameless” denotes the overall appearance of the finished product, which is made up of panels and doors fabricated in toughened safety glass, polished aluminium glazing channels that are placed where ever a fixed panel meets with a wall or base (tiled floor, shower tray etc), other components (handles, hinges, stay bars etc) in either plated brass or stainless steel and translucent plastic seals (installed between vertical spaces between glasses and under doors). The company also offers a range of ceramic basins, taps and bathroom accessories.
(h) Aquaplus Solutions shower screens are not guaranteed to be 100% watertight, but are designed to keep the majority of the water contained within the showering area during normal showering. In order to achieve the “frameless” appearance, there is no permanent physical barrier to guarantee a 100% watertight seal at the point where a door meets the base (tiled floor, shower tray etc) or where the door closes on to fixed panels. The effectiveness of the translucent seals that are installed to close these gaps may vary from installation to installation.
(i) Any notice given in connection with the Contract may be sent by hand, by registered post, by the recorded delivery or transmitted by facsimile resulting in the receipt of a written communication. Any notice sent or transmitted to the address of the party shown in the Contract (or such other address as such party may by notice to the other half substitute therefore) shall be deemed validly and effectively given on the day, when in the ordinary course of the means of transmission, it would first be received by the addressee in normal business hours at the place of receipt.
The Price and the Payment Terms.
(a) All prices are inclusive of VAT and unless specifically stated are based upon costs current at the date of the Quotation. Additional charges will be made in respect of all increases in the cost of labour, materials, plant and overheads occurring after the date of the Quotation. Where you expressly wish us to deliver outside England, we are entitled to levy extra charges.
(b) Each consignment of the Goods will be invoiced separately and payment against our invoice shall fall due in full on the last day of the month following that in which the Goods were dispatched.
(c) If for any reason you are unable to accept delivery when due, the Goods will be invoiced and payment will fall due on the last day of the month following that in which the Goods are ready and due for delivery. In such cases we will, if facilities permit, store the Goods at your risk until delivery and reserve the right to make additional charges for such storage and any extra handling and transportation. This clause shall not affect any rights we may have against you for failure to accept delivery.
(d) If you fail to make any payments when due we may, at our option and without prejudice to any other rights or remedies which we may have under the Contract or otherwise, suspend further deliveries until payment is made or terminate the Contract. We shall be entitled to charge interest on the outstanding balance of all overdue accounts from the time of default to the time of payment calculated on a daily basis at a rate of 2.5% per month as well after as before judgement.
(e) All payments are to be made without deduction or set-off from any sums owing or due from us.
Placing of Orders
The placing of an order assumes the acceptance on behalf of the client of the present Terms and Conditions of Sale. All orders must be placed in writing via email (info@aquaplussolutions.com) or via fax 0845 201 1916.
Your Obligations to Us
(a) The loading, handling, working or carrying of your own materials shall be entirely at your risk. You are responsible for the loading and unloading of the Goods and also for any damage to the Goods during loading and unloading, howsoever caused.
(b) If you wish the Goods to comply with any specification, you must notify us of these requirements in writing and any such specification must be agreed by us in writing prior to us entering into the Contract.
(c) You shall not assign the benefit of this Contract without our prior written consent.
(d) By accepting the Quotation, you warrant that the use of the Goods is appropriate to the intended application and their use complies with all local and national legislation, building regulations, standards, codes of practices and any other requirements.
(e) You agreed to indemnify us for all injury, loss or damage occurring to any person or property and against all actions, demands, expenses or charges made in connection with the Contract arising from the use of the Goods where the use of the Goods results in injury, damage or loss due directly or indirectly to the carelessness or negligence of you or your servants or agents or to any breach by you of your obligations to us under the Contract.
Delivery
(a) Times or dates for despatch or delivery of Goods by us are estimates only and shall not be binding upon us either as a term of the Contract or otherwise. In no circumstances shall we be liable for any loss or damage sustained by you in consequence of our failure to delivery, start or complete within such time or by such date or in consequence of any delay in delivery however caused.
(b) Notwithstanding Clause 6, when the Goods are delivered by us, risk shall pass to you on delivery. In all other cases risk shall pass to you on despatch.
(c) Where delivery is to be made by installments each delivery is deemed to be the subject of a separate Contract and any failure by us in respect of any one delivery shall not entitle you to repudiate the Contract or any further installments to be delivered there under.
(d) Regarding any possible incidence in terms of quality or quantity of the goods must be reported in writing within a period of no more than 24 hours after receipt of delivery. Once the period of 24 hours has expired, the goods will automatically be considered as acceptable by the client and will not be subject to any claim.
You’re Rights and Our Rights
(a) You agree to inspect the Goods within 24 hours of delivery or collection and any defective Goods must be returned within 7 days of receipt in the same condition as they were supplied. Where the Goods have been used or installed and it is not practicable to return then you must notify us in writing of the alleged defect within 7 days of delivery; no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that unless the goods are sold by a specification in accordance with Clause 3(b) they will be suitable for any particular purpose or for the use under any specific conditions notwithstanding that such purpose or condition may be known or made known to us.
(b) The supply of Goods hereunder shall not confer any right upon you to use any of our trademarks without our prior written consent and at all times such trademarks shall remain our property. Nor does it imply any right to use any patent, which we may have, or any indemnity against infringements of the right of third parties.
(c) In no circumstances can goods placed on special order be cancelled by you.
(d) Stock Items, where the product is in re-saleable condition may be accepted for return subject to restocking and handling charges
(e) If you commit any breach of these terms and conditions or become insolvent or commit an act of bankruptcy or if a Receiver or Administrative Receiver is appointed over any part of your business or property, then we may defer or cancel any further deliveries and treat the Contract of which these Conditions form part as having been repudiated by you, but without prejudice to any of our other rights and remedies hereunder.
(f) No failure by us whether by way of indulgence or otherwise to enforce or delay in enforcing our rights hereunder shall operate as a waiver of any of our rights.
(g) We shall not be liable for any consequential or indirect loss suffered by you whether this loss arises from breach of contract or tort or in any way (including but not limited to loss arising from our negligence). Consequential or indirect loss shall include (but shall not be limited to) loss of profits, goodwill, contracts and consumers. Our total liability for any one claim or for the total of all claims arising from any one act or default by us (whether arising from our negligence or otherwise) shall not exceed the price of the Goods. Without prejudice to any other time limits expressed herein, we shall not be liable for any claim unless: -
(i) notes containing reasonable details of the claim have been given to us within three months of the matters giving rise to the claim becoming known to you; and
(ii) Legal proceedings in respect of the claim (if not previously satisfied) are begun within two years of such date.
(h) Unless otherwise specifically agreed in writing by us the Goods are supplied only on these conditions and no variation from or addition thereto (whether contained in any document emanating from you or made orally by any person acting or purporting to act on our behalf) shall have effect unless it is in writing signed by a person duly authorised on our behalf. Should any of these Conditions conflict with any conditions stated in your order these Conditions shall prevail. The giving by yourselves of any delivery instructions for the Goods or any part thereof or the acceptance by you of delivery of the Goods or any part thereof or any documents by you in confirmation of the transaction set out on the basis hereof, after receipt by you of this document, shall constitute unqualified acceptance by you of these Conditions.
Return of Goods for Credit.
Under no circumstances will Aquaplus Solutions accept the return of any shower screen. All shower screens are hand made to the specific specification that is unique to the individual order and client. The details of all orders are confirmed in writing and therefore accepted by the customer, before manufacture commences. All other items supplied by the company may be returned to the company only after authorization has been given to do so, in writing, by the company. A minimum charge of 25% of the value of the goods may be applied at the sole discretion of the company and this will be stated in writing by the company and therefore accepted by the customer before goods are accepted back. All costs associated with the return of any goods will be the sole responsibility of the customer. All communication from the customer to the company must clearly show any delivery/invoice numbers where applicable.
Retention of Title of the Goods by Us
Title of the Goods are to remain with us until we have received payment from you of the full purchase price of the Goods. Any payment by you to us shall only be treated as received by us when a cheque or any other method of payment has been met on presentation or otherwise honoured and you acknowledge that you are in possession of the Goods solely as bailee for us until then. In the event of any of the Goods supplied being resold by you or being mixed or incorporated with any other Goods which are sold by you before title therein has passed to you, you shall hold such part of the proceeds for sale as are equivalent to the price at which the Goods are supplied by us to you, and all rights which you may have against the purchasers thereof, on behalf of and as trustee for us. Any monies so received by you shall be placed in a separate account so as to be readily identifiable as being our property.
Force Majeure
(a) We will not be liable for any failure to deliver the Goods arising from circumstances outside our control which shall be deemed to include (but shall not be limited to) war, riot, civil commotion, fire, earthquake, obstruction of private or public road or highway, acts of God, exceptional weather, strikes, lockouts or any other form of industrial action, shortages of labour or materials and delay in delivery of materials by suppliers or sub-contractors.
(b) If we are prevented from delivering the Goods in circumstances outside our control, we shall give you written notice of this fact as soon as reasonably practicable after discovering the same.
(c) If the circumstances preventing our delivery of the Goods are still continuing three months after you receive our notice as referred to in (b) above, wither party may give written notice to the other terminating the Contract.
(d) If the Contract is terminated in the manner set out in (c) above, we shall refund any payment which you have already made on account of the price of the Goods not delivered, subject to deduction by us of any amount we are entitled to claim from you. We shall not be liable to compensate you for any further loss or damage caused by our failure to delivery the Goods or any of them.
Further Terms and Conditions
The Retail Price and conditions contained in the current price list can be subject to modification or change, whether considered as necessary general or punctual changes by Aquaplus Solutions, such changes applicable in relation to any or all of its clients, taking into account that such modifications or changes must be communicated in writing, with necessary acceptance on behalf of both parties. The current price list annuls all earlier editions.
Aquaplus Solutions reserves the right to introduce modifications to the current price list and conditions and will not be held responsible for any errors contained
