CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. FORMAT OF THE CONTRACT
TERMS AND CONDITIONS OF SALE
Supply and sale of goods by Waterless Limited is subject to the following standard terms and conditions:
We reserve the right to update or amend these terms at any time without notice. An up to date version will be published on our website. By purchasing Waterless Limited’s products you agree not to replicate or clone them in any way.
In these terms and conditions:
“The Company” means Waterless Limited
“The Customer” means the person or organisation requesting a credit account.
a) Standard payment terms for customers with agreed credit terms are strictly 30 Days from date of invoice.
Orders from customers who do not have an agreed credit account will only be accepted against prepayment in full by BACS, cheque or credit /debit card.
Any extension of time to pay shall not be effective unless agreed to in writing by the Company. Amounts may not be withheld or delayed by the Customer for unauthorised returns or otherwise without written agreement of the Company.
b) The Company reserves the right to charge interest on a daily basis from the date payment is due until the date payment is received. Under the Better Payment Practice Code the basis of the interest will be 8% above The Bank of England’s Base Rate.
c) All costs incurred in recovering overdue debts including, without limitation, legal expenses will be added to the debt and be payable by the Customer.
d) The Company may terminate this Agreement and/or withhold further supplies in the event of amounts payable being overdue, breach of any of these Terms and Conditions of Supply or any other reason which at the discretion of the Company warrants such action.
3. Deposit and Proforma invoices are non-refundable, but in exceptional circumstances may be traded for other goods at Waterless Limited’s discretion.
3. PROPERTY AND RISK
a) Title to any Goods supplied at any time to the Customer, by the Company shall not pass to the Customer, notwithstanding delivery of any Goods or any documents representing them, until payment in full for any and all such Goods supplied and all other amounts on any account whatsoever due from the Customer to the Company has been made in full by the Customer.
b) Until the passing of property under clause 3a) above, the Customer shall be the bailee of the Goods for the Company and:
i) shall keep the Goods in its possession and control, intact and in good condition;
ii) pending the passing of property in the Goods under clause 3a) above, the Customer shall not dispose of, charge or encumber any of the Goods or purport do so except that the Company licenses the Customer to dispose of Goods on arm’s length terms in the ordinary course of its business.
c) The Company shall be entitled at any time before the passing of property in the Goods under clause 3a) above, to terminate the license granted to the Customer under clause 3b) (ii) above and to enter upon the Customers premises (or any other premises where the Goods are kept) for the purpose of removing them.
d) The illegality or enforceability of any part of clause 3 shall not affect the validity and enforceability of the remainder of clause 3 and if any part of clause 3 is held not to be valid if part of the wording were deleted or modified then that provision shall apply with such modification as may be necessary to make it enforceable.
e) Goods supplied by the Company are at the Company’s risk from the time they are duly delivered to the relevant delivery address or if the Customer is responsible for collecting the Goods from the time they leave the Company’s premises. The Customer will be responsible for insuring the Goods while they are at its risk.
f) By purchasing from Waterless the Customer agrees that it, and any of its subsidiaries or associated companies or divisions, shall not at any time develop or manufacture either itself via or on behalf of any third party, any own label or third party “Copycat Products” which are substantially similar to the Products without the prior written consent of The Company. This does not affect your right to sell competitive products from other non-associated manufacturers.
g) Branding belongs strictly to Waterless Limited, customers do not have the right to claim they are the manufacturer of said products on their own website or seller websites such as Amazon or Ebay. If Waterless Limited’s products are devalued in anyway Waterless Limited has the right to refuse sale.
Invoice numbers must be quoted and faulty or damaged goods must be returned within 14 days of receipt.
Dispensers are guaranteed for 12 months from purchase and are subject to normal use. Fair wear and tear does not warrant replacement.
All goods returned for credit must be in good clean, up-opened and re-saleable condition without defacing marks, stickers, security devices or any other apparel.
Any substandard or faulty goods (those with production faults) will be accepted within the guarantee period and replaced.
Any other exceptions must be agreed in writing with either the Customer Service Manager or the Sales Department.
All correspondence, enquiries and any returns shipments should be addressed to: Waterless Limited. Hope Mill, Hope Mill Lane, Brimscombe, Stroud. Gloucestershire.
4. COMPANY’S LIABILITY
a) Claims for any damage to or shortages in Goods delivered must be notified to the Carrier and the Company at the time of delivery (if the Goods are inspected by or on behalf of the Customer at the time of delivery) or, if the Goods are not so inspected, immediately upon inspection after delivery and in both cases confirmed to the Carrier and the Company in writing within 5 days of delivery. Written notice of claims for non-delivery must be given to the Company within 14 days of the invoice date. On no account will claims be considered if notified outside these periods.
c) Subject to the foregoing provisions of this clause the Company will not in any circumstances be liable to the Customer or any successor or assignee of the Customer in respect of any loss of whatsoever nature occurring to the Customer arising from the supply of Goods or from non-delivery, delayed delivery, damage to or loss of the Goods owing to any act or omission by the Company (including negligence) or any cause not within the Company’s control including (without limitation) fire, flood, accident, strike, riot, lock-out, trade dispute, industrial action, terrorism, nuclear accident, war, insurrection, act or restraint of Government.
d) The Customer shall notify the Company forthwith in writing of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights in the goods covered by this invoice of which the Customer becomes aware.
e) No variation to these terms and conditions shall be binding unless agreed in writing between the authorised representatives of the Company and the customer.
f) By accepting delivery of the Goods from the Company the Customer acknowledges receipt and thereby agrees to be bound by these terms and conditions and further acknowledges that these terms and conditions comprise the only terms and conditions which goods are supplied and that they shall not, and shall not be deemed to be, altered or varied to any extent by any previous correspondence between the Company and the Customer or by provision by the Customer to the Company or any other terms and conditions in respect of the Company’s goods.
g) The Customer acknowledges that any product effectiveness claims and supporting documentation are provided by the sub-contract manufacturer of the product and accepts that the Company has no control over these claims and cannot be held accountable for the manufacturer’s claims. The Customer accepts that verification of claims and supporting documentation should be made prior to purchase and no purchase should be made until the Customer is entirely satisfied.
a) This Agreement shall terminate if an order is made for bankruptcy of or an effective resolution is passed for the winding-up of the Customer or if the Customer being a Company is unable to pay its debts within the meaning of Section 123 of the insolvency Act 1986 or any statutory re-enactment or modification thereof, or makes a composition with creditors or if a supervisor, receiver, administrator, administrative receiver or other encumbrancer takes possession of or is appointed over the whole or any part of the assets of the Customer.
b) The Company reserves the right to terminate this Agreement with the Customer at any time if trading terms and conditions are violated by the Customer.
c) Termination of this Agreement shall not affect any rights or obligations of the parties hereto arising prior to such termination
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
http://pitsandbits.co.uk/ is owned and operated by Waterless Ltd
Hope Mills Business Centre,
Hope Mill Lane,
Company Registration No 6796912
VAT registration number 945816589