- Terms & conditions
Terms & conditions
Below are Terms for UK Aqua Ltd Provision of Servce and Sale of Goods These terms may change from time to time but are deemed accepted if an order for goods and services is placed.
Terms and Conditions for Provision of Services
These are the terms on which UK Aqua Limited (‘Company’) conduct business. These Terms do not affect your statutory rights. The Terms set out clearly the your rights and the Company’s responsibilities.
In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):
1.1 ‘Customer’ means individual or the corporate entity requesting Services from the Company.
1.2 ‘Contracts’ mean any contracts made between the Company and the Customer for undertaking Services which includes (but is not limited to) contracts arising from Orders.
1.3 ‘Order’ means any order , whether oral or written, for Services requested by the Customer to the Company through the Website, by phone, fax or writing (paper or electronic email).
1.4 ‘Parties’ mean the Company and the Customer.
1.5 "Services" means any services which the Company provides its customer including but not limited to those detailed on the Website, product data sheets or flyers, quotations and in these Conditions.
1.6 ‘Website’ means www.ukaqua.com or any such variations (including pages appended to the main domain) to the aforesaid domain name.
1.7 In these Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.8 In these Conditions any references to the male gender include the female gender and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.9 In these Conditions headings do not affect the construction of these Conditions.
2. Terms Of Acceptance
2.1 The Customer agrees that these Terms and Conditions are the exclusive basis on any Contracts that shall made between the Company and Customer , or such processed and transacted contracts unless otherwise agreed in writing by a manager of the Company.
2.2 These presence of these Conditions shall not create any partnership or agency between the Parties or any third party.
2.3 All quotations and estimates provided by the Company shall be deemed as an ‘invitation to treat’ and are not an offer. A Contract shall be formed between the Customer and the Company when (and not before) the Company notifies the Customer by e-mail, fax, letter and/or electronically that the Customer’s Order has been accepted or any agreed services have been commenced or fully provided.
2.4 The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.
3. Appointment of Company
The Customer appoints the Company or The companies representative to provide the Services.
4. Services to be provided
4.1 The general Services performed by the Company are set out on its Website, product data sheets, marketing flyers or agreed by email and oraly. Where such Services are not detailed , the Customer may request from the Company whether such Services required by the Customer is performed by the Company and, if so request, a quotation from the Company in respect of such Services.
4.2 The Customer shall thereafter select the Services which the Customer requires the Company to perform and place an Order.
4.3 An Order may be made through:
(1) the Website;
(2) telephone primarily (but not limited to) numbers 0800 6199160 or0845 8909801
(3) post addressed to: UK Aqua Ltd, 7 Park Road, Egham, Surrey TW20 9BJ
4.4 Where an Order is not through the Website, the Customer Order shall clearly state (1) the type of Services; (2) the period and or duration during which the Services are required(if required); and (3) the location/s where the Services are requested. Where an oral Order is placed, or in the event of a dispute as to the nature and scope of any Order, the Company’s version of the Order shall be deemed as the authoritative Order and the Customer shall not dispute the correctness of the same.
5. Company's Obligations
5.1 The Company shall perform the Services:-
5.1.1 with reasonable care and skill; and
5.1.2 where no date has been agreed within a reasonable time, if a time and date is specified reasonable endeavours will be made to meet any agreed dates and times
5.2 Where products procured by the Customer from the Company develops any faults and/or breaks down within the warranty period the Company will attempt to repair and or replace (at the Companies discretion) such products, provided always that any faults and/or breakdown of said products are not due to the misuse, or exposure to harsh environments (examples but not limited to- swimming pools, outdoor conditions, extreme temperatures) of such products by the Customers and/or unauthorised modifications to the product. Warrantee terms are described on the warranty card furnished with the products purchased by the Customer or if absent can be requested from the Company.
5.3 Where such faults and/or breakdowns are due to the misuse or negligence of use, repositioning or inappropriate storage, of such products by the Customer and/or unauthorised modifications to the product, the Company at its discretion may, repair and/or replace such products. In such circumstances, the Company reserves the right to charge fees as may be agreed between the parties.
6.1 Price of the Services and products shall be as specified on the Website unless otherwise agreed and shall exclude the price of any goods/raw materials to be supplied in connection with the provision of the Services.
6.2 Any price quoted by the Company is based on its current price as on the date the quotation is made. If Acceptance is not made by the Company or there is a delay in the provision of services by the company the price quoted may be varied. Any such variation shall be agreed with the customer, if agreement cannot be reached the Company may choose not to deliver the services and withhold a portion of any moneys paid to cover administration costs. Order. The price quoted is exclusive of VAT
6.3 Where raw material, goods, spare parts or hardware are required to perform the Services, the Company reserves the right to increase its price by giving notice to the Customer of the increase the price payable by the Customer. Any increase that may be necessary due to factors beyond control of the Company (such as, without limitation, any foreign exchange fluctuations, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture) a delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate or accurate information or instructions. Such notice may be verbal if not found until point of service provision.
6.4 Prices are exclusive of any applicable Value Added Tax which shall be additionally paid by the Customer to the Company
7.1 Where the the Company’s products Services are obtained through means other than Website or where Credit Card (as defined in Clause 7.2 below) payment over the telephone has not been made, the Customer shall pay in full for the agreed Services and products to within 15 days ( or any such other agreed period) after receipt of the Company’s invoice. All Payments are to be made to UK Aqua Ltd.
7.2 The Company accepts payment through Visa and Master Card (collectively as ‘Credit Cards’), Switch, Solo, Pay Pal, cheque and cash.
7.3 Payment shall only be deemed received when the Company has received fully cleared funds.
7.4 The time of payment of the price shall be of the essence of the Contract. The Customer shall pay the full agreed price of the Services but without deduction.
7.5 If the Customer neglects to make full payment on the due date then, without prejudice to other rights or remedy available to the Company, the Company shall be permitted to:
7.5.1 suspend or cancel the provision of any further services and
7.5.2 charge interest (before and after any judgment) on amounts unpaid at a rate of
3% per cent per annum above Abbey National’s base rate from time to time until payment in full is made (for the purposes of interest calculation whole months shall be used with any portion of a month being deemed a whole month)
8.1 Cancellations of any Contracts shall NOT be permitted unless agreed by a manager of the Company .
8.2 Subject to Clause 8.1, where part of the Services have been performed by the Company and/or where the Services entails maintenance services over a length of time, the Company shall be fully entitled to charge the Customer a pro rated price. Any Cancelation with made with less than 4 months to the date of any contract end or scheduled work may not be refunded unless agreed by a manager of the Company.
9.1 The Company shall not be liable to the Customer for the death of or injury to the Customer unless due to negligence or failure of the Company to perform the obligations under this Agreement or under the general law. Save as aforesaid the Company shall not be liable to the Customer for any loss or damage suffered by the Customer (whether direct or consequential).
9.2 The company shall not be liable to make good any plumbing fixtures that have deteriorated or are not deemed serviceable at the time of the service provision. Any such repairs , installations or services carried out after notification of such occurrences shall not be warranted in any way, nor liability held by the company for any attempted remedial work or work subsequently undertaken.
The Company shall not issue any guarantee in respect of Services or goods until payment in full for has been made by the Customer
11.1 The Customer acknowledges that he Company may at its discretion perform all or any of its obligations or exercise any of its rights hereunder by itself or through other third party sub-contractors. Where the all or part of any Services are performed by any such third party, any act or omission shall be deemed to be the act or omission of the Company.
11.2 The entire agreement between the parties is contained in this Contract. The Parties agree they have not relied upon any oral or written representation made to them by the other.
11.3 Each party irrevocably and unconditionally waives any right to claim damages for any misrepresentation whether or not contained in this Agreement or for breach of any warranty not contained in this Agreement unless such a misrepresentation or warranty has been made fraudulently and/or rescind this Agreement.
11.4 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any such or other subsequent breach of any other provisions.
11.5 Should any provision or provisions of these Conditions be held by any competent authority to be invalid or unenforceable in whole or in part, all other provisions set out in these Conditions and the remainder of these provision shall be deemed valid and not be affected thereby.
11.6 Both Parties will be deemed released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation, significant regional disruption, or if any other cause beyond the reasonable control of the Parties or either of them renders the performance of the obligations in the Contract impossible or not able to be performed with reasonable endeavours, whereupon all money due but unpaid under a Contract shall be paid immediately.
11.7 Where the Customer orders an annual maintenanceagreement, the term of such order shall be automatically extended for further periods of 12 months, unless the Customer terminates such Order by providing the Company with written notice. Upon receipt of such written notice, the Company shall within 45 days, reimburse the Customer proportionally for any payments paid by the Customer to the Company in advanced for work that has not been . For the avoidance of doubt if a service has been performed after the request for refund the amount refunded will be minus 40%. Where the customer has paid but wishes to terminate prior to any work being undertaken the Company can at its discretion deduct a 15% administration fee .
11.8 It is the customers responsibility to ensure the suitability of any water pipes to be connected to, in that said pipes must contain wholesome drinking water. The customer must check that any connection in place whether installed by the company or not is to a wholesome drinking water supply. Assistance in establishing the suitability of water pipes may be provided by the company but this in no way offers a guarantee to the customer and the customer shall be deemed to have taken its own due diligence in this matter prior and after any connection that the Company comes into contact with.
11.9 The company may decline to install or service a water dispenser if we consider a location you specify unsuitable or connection to the existing plumbing may cause damage and or require repair. You authorise us to make permanent connections to the water supply using fittings that might not be possible to remove and to make minor modifications to premises such as attaching plastic water pipes/ trunking . The Company will with prior agreement make minor alterations to premises such as drilling wholes or removing and replacing floor or ceiling tiles. The customer will be deemed satisfied that UK Aqua has made reasonable efforts to make good where appropriate. No additional efforts to make good will be required without potential for a prior agreed charge if the customer has freely signed the delivery note or work order presented any customer representative after completion of such work.
11.10 Any notice required to be given to the Company shall be given by fax or first class post, addressed to the Company’ trading address.
12.0. Law and Jurisdiction
12.01 These Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.
Terms and Conditions for Sale of Products to Businesses
These are the terms on which UK Aqua Ltd (‘Company’) do business. They do not affect your statutory rights. They are designed to set out clearly the Company’s responsibilities and your rights.
In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):
1.1 ‘Company’ means UK Aqua Limited.
1.2 ‘Buyer’ means you, the corporate entity or individual purchasing Products from the Company.
1.3 ‘Contract’ means any contracts made between the Company and the Buyer for the sale and purchase of Products which shall include (but not limited to) contracts entered into between the Parties arising from Orders.
1.4 ‘Faults’ means faults as defined in Clause 4.1 below.
1.5 ‘Products’ mean any product, article or item which the Company sells (including part or parts of it).
1.6 ‘Order’ means any order (whether oral and written) for Products made by the Buyer to the Company including those made through the Website.
1.7 ‘Parties’ mean the Company and the Buyer.
1.8 ‘Website’ means www.ukaqua.com or such variations to the name of the aforesaid domain name.
1.9 In these Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.10 In these Conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.11 In these Conditions headings will not affect the construction of these Conditions.
2. Terms of Acceptance
2.1 The Buyer agrees that these Conditions shall be the exclusive basis on which any Contracts made between the Company and Buyer are transacted and processed unless otherwise agreed in writing by the manager of the Company.
2.2 These Conditions shall not create any agency or partnership between the Parties or any third party.
2.3 Any quotations and/or estimates given by the Company shall be deemed as an ‘invitation to treat’ and not an offer. A Contract is formed between the Buyer and the Company when (and not before) the Company notifies the Buyer by e-mail, fax, letter and/or electronically that the Buyer’s Order has been accepted.
2.4 The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.
3. Delivery and Installation of Products
3.1 An Order may be made through:
(1) the Website;
(2) telephone on 0800 619 9160 or 0845 8909801
(3) fax 0845 8909804
(4) post addressed to:
UK Aqua Ltd, 7 Park Road, Egham, Surrey, TW20 9BJ
3.2 Where an Order is not made through the Website, the Order made shall clearly state (1) the type of Products; (2) the quantities ordered; (3) the location where the Products are to be delivered; and (4) whether the Buyer requires the Company to install the Products (for details and for the terms and conditions in respect of the installation process, please click on the Company’s Terms and Conditions for Services found at www.ukaqua.com\terms Where an Order is placed orally or in the event of any dispute as to the Order, the Company’s version of the Order shall be deemed as the authoritative Order and the Buyer shall not dispute the correctness of the same.
3.3 The Company will on a reasonable endeavours basis dispatch the Products to the location specified in the Order within 24 hours. For the avoidance of doubt, as the actual delivery of the Products is carried out by third party couriers, the Company shall be under no liability for any delay or failure to deliver the Products. Notwithstanding the foregoing, subject to additional delivery charges which the Company shall be entitled to charge the Buyer, the Company shall arrange for such Products to be delivered to the Buyer at specific dates and/or times as may be requested by the Buyer.
3.4 Unless otherwise agreed in writing by the Parties, the Buyer agrees that risk or loss or damage of Products passes to the Buyer on upon delivery of the Products or on the date of first attempted delivery by the Company.
3.5 If the Company is unable to effect delivery due to any fault of the Buyer, the Buyer may incur additional delivery charges.
3.6 Subject to Clause 3.3 and to Company’s Terms and Conditions for Services found at www.ukaqua.com\terms where the Buyer requires the Company to install the Products for the Buyer, the Company shall on a reasonable endeavours basis carry out such installation within 14 days from the date when such Order was accepted by the Company.
4. Loss and Damage
4.1 Any Products delivered to the Buyer shall be deemed to be in good order unless the Buyer informs the Company of any defects, faults or malfunction of the Products (collectively as ‘Faults’) within 2 working days from the day of receipt of the Products unless the Faults are not ascertainable from reasonable inspection; in which case, the Buyer shall inform the Company of the faults as soon as it is practicable.
4.2 Subject to Clause 8.2, the Company shall (at its sole discretion), make good any Faults in respect of the Products or reimburse the Buyer for the whole or part of the price of the Products (if the quantity of Products is more than 1).
5. Price and Payment
5.1 Any price quoted by the Company is based on its current price as on the date the quotation is made but the actual price payable for the Products shall be based on the actual current price of the Company as at the time of acceptance of the Order.
5.2 Where the Buyer purchases the Products through other means other than through the Website, the Buyer shall make payment to the Company in respect of the Products within 30 days after receipt of the Company’s invoice, unless other such terms are agreed.
5.3 Where Orders are made through the Website [and/or telephone], the Company accepts payment through Visa and Master Card (collectively as ‘Credit Cards’), Switch, Solo and Pay Pal.
5.4 No payment for the Products shall be deemed to have been received until the Company has received cleared funds.
5.5 If the Buyer fails to settlement any payment due to the Company within the stipulated time, the Company shall be entitled (without prejudice to any other right or remedy it may have) to charge the Buyer interest on the sum at the rate of 3% per cent per annum above Abbey National’s base rate in force from time to time from the date the payment became due until actual payment is made (irrespective of whether the date of payment is before or after any judgment or award in respect of the same).
6.1 Without prejudice to Clause 8.2, no cancellations of Orders shall be permitted unless agreed in advance by a manager of the Company.
6.2 Without prejudice to Clause 4.2, if Products have been delivered, the Products may not be returned unless agreed in advance by a manager of the Company. Any return which has been agreed shall be subject to the following conditions:
6.2.1 the Products are in brand new and in unused condition;
6.2.2 the packaging of the Products remain intact and unbroken and in reasonable condition;
6.2.3 the Products are returned at the cost of the Buyer; and
6.2.4 the returned Products are received within 14 days from when a manager of the Company agreed to accept the returned Products.
6.3 Where Products are cancelled or returned pursuant to this Clause 6, the Company reserves the right to charge an administration and or restocking cost.
7. Disputes and set off
Any liability of the Company under any Contract is subject to and conditional upon the Buyer duly performing and observing all its obligations under the relevant Contract and these Conditions.
8. Warranties and Liability
8.1 The Company will use its reasonable endeavours to pass on any manufacturer’s warranty to the Buyer.
8.2 Notwithstanding Clause 4.2 above, the Company shall not be liable for any Fault in respect of the Products if:
8.2.1 such Fault arose as a result of the Products being improperly used and/or not used in accordance with the manufacturer’s manual; or
8.2.2 such Fault was the result of unauthorised modification of the Products without the written consent of the Company.
8.3 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions and/or Contracts.
8.4 Nothing in this Agreement excludes or limits the liability of the Company for death or personal injury caused by the Company’ negligence or for fraudulent misrepresentation.
8.5 Subject to Clauses 4.2, 8.2, 8.3 and 8.4, the Company’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Conditions shall be limited to:
8.5.1 in respect of matters for which the Company does not carry insurance, the price of the Products; and
8.5.2 in respect of matters for which the Company carries insurance, the insured value.
8.6 The Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of Company, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with these Conditions or Contracts.
8.7 The provisions of this Clause 8 shall survive the termination of these Conditions and/or Contracts.
8.8 The exclusions and limitations of liability set out in this Clause 8 shall be considered severally. The invalidity or unenforceability of any one of these sub-clauses shall not affect the validity or enforceability of any other part of this Clause 8.
9. Termination and Suspension
9.1 Without prejudice to the rights and remedies available to the Company (whether under these Conditions, Contracts or otherwise), the Company shall be entitled to (at its sole discretion) upon providing the Buyer with notice of such intention, terminate and/or suspend in whole or in part, any Contracts entered into between the Buyer and the Company if:
9.1.1 The Buyer fails or refuses to take delivery of any Products in accordance with these Conditions;
9.1.2 The Buyer commits any material breach of these Conditions;
9.1.3 The Buyer fails to pay any sums due to the Company; or
9.1.4 The Buyer makes any composition or voluntary arrangement with its creditors or becomes bankrupt or enters into administration or goes into liquidation (other than for the purpose of amalgamation or reconstruction).
10. Force Majeure
10.1 The Company shall not be liable to the Buyer or be deemed to be in breach of these Conditions or any Contracts by reason of any delay in performing or any failure to perform any of its obligations in relation to the Products if the delay or failure was beyond the Company' reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Company’ reasonable control:
10.1.1 Act of God, explosion, flood, tempest, fire or accident.
10.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition.
10.1.3 acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
10.1.4 import or export regulations or embargoes.
10.1.5 strikes, lockouts or other industrial actions or trade disputes.
11.1 Any notice required to be given to the Company shall be given by fax or first class post addressed to the Company’ trading address. 12. The Buyer assumes all responsibility for safe disposal of Waste Electric and Electronic Equipment (WEEE) if Outright Purchases of Water Cooler is made unless they negotiate an alternative as per 12.2. 12.1 Buyers Acknowledges that they are aware of the WEEE regulation or that they will make themselves aware of the obligations they assume when they buy outright. 12.2 The Buyer may request details of Produceres or safe disposal schemes that may be offererd by The Company and if preferable pay a premium to take advantage of such schemes, details available upon request
13. Law and Jurisdiction
13.1 These Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.