The Waterpoint Terms & Conditions

Terms & Conditions

These are the terms on which J & A Law (The Waterpoint) Ltd do business.  They do not affect your statutory rights.  They are designed to set out clearly the Company’s responsibilities and your rights. 

1.

Definitions

 

In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):

 

1.1

‘Contracts’ mean any contracts made between the Company and the Customer for performance of the Services which shall include (but not be limited to) contracts entered into between the Parties arising from Orders.

 

1.2

‘Products’ mean any product, article or item which the Company sells (including part or parts of it).

 

1.3

‘Order’ means any Order (whether oral and written) for Products made by you to the Company including those made through the Website.

 

1.4

‘Parties’ mean the Company and you.

 

1.5

‘Website’ means www.thewaterpoint.com or such variations to the name of the aforesaid domain name. 

 

1.6

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 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.

 

1.9

In these Conditions headings will not affect the construction of these Conditions.

2.

Terms of Acceptance

 

2.1

A Contract is formed between you and the Company when (and not before) the Company notifies you by e-mail, fax, letter and/or electronically that your Order has been accepted or by acceptance of your ‘New Customer form’. Your Order will not be accepted until the Company receives authorisation of your credit card payment, your cheque clears or cleared funds are transferred into our account. The Company reserve the right not to accept any Order.

 

2.2

The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.

 

2.3

Subject to any relevant laws and regulation, you agree that these Conditions shall be the exclusive basis on which any Contracts made between the Company and you are transacted and processed unless otherwise agreed in writing by a manager of the Company.

3.

Price and Payment

 

3.1

The price of the ordered Products shall be as set out on the Website, quotation and/or price catalogue and includes postage & packing. Value added tax may be stated separately. Unless otherwise agreed by us, all payments made by cheque must be in pounds Sterling. For your own protection, please do not send payment in cash.

 

3.2

Where Orders are made through the Website, the Company accepts payment through Visa and Master Card (collectively as ‘Credit Cards’), Switch, Solo.

 

3.3

No payment for the Products shall be deemed to have been received until the Company has received cleared funds.

 

3.4

The Company reserves the right to withhold servicing on rented coolers if the customer’s account is in arrears. The company reserve’s this right until the customer’s account is brought up to date

 

3.5

The company also reserves the right to remove coolers (subject to 2 week’s notice) if the customer account remains in arrears.

4.

Delivery and Installation of Products

 

4.1

An Order may be made through:
(1) the Website;
(2) telephone on 0800 520 0731 FREE (between the hours of 9am to 5pm from Monday – Friday); or
(3) post addressed to:
The Waterpoint, 2 Argyle St, Stonehouse, Lanarkshire, ML9 3LL

 

4.2

Where an Order is made through the Website the ordered Products will be delivered to the address entered by you on the on-line order form. Products will normally be dispatched 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.

 

4.3

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 you require 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 on this page. 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 you shall not dispute the correctness of the same.

 

4.4

If the Company fails to despatch any ordered Products within 30 days of acceptance of your Order, the Company shall refund in full your payment in respect of such Products.

 

4.5

You agree that risk of loss or damage of Products passes to you upon delivery of the Products or on the date of first attempted delivery by the Company.

5.

Loss and Damage

 

5.1

The Company warrants that, at the time of delivery, the Products will, subject as hereinafter provided, correspond with the description on the Website or the Company’s catalogue (as the case may be), will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994). [There may, however, be circumstances where the Company is unable to supply Products as shown or described on the Website or the Company’s catalogue in which case the Company may, but shall not be obliged to, despatch alternative Products to you (but so that the Products des patched will always be of a comparable or superior quality). In such case you shall be entitled to reject such Products, return them to the Company at the Company’s cost and receive a full refund from the Company.] All other warranties are excluded to the fullest extent permitted by law.

 

5.2

Any claim by you that any Products ordered fail to correspond with the description on the Website or the Company’s catalogue or that they are defective or not of satisfactory quality, must be notified to the Company by [e-mail, fax and/or letter] within a reasonable time from the date of delivery. If delivery is not refused, or you do not notify the Company accordingly, the Company shall have no liability for such failure or defect unless the Products were not of satisfactory quality at the time of delivery or such defects are latent defects.

 

5.3

If you make a valid claim under paragraphs 5.1 and/or 5.2, the Company shall replace the Products in question free of charge or, at your option, refund in full your payment in respect of such Products but the Company shall have no further liability for such failure or defect. Such replacement or refund is conditional upon the Products in question having been returned to us unused and undamaged within a reasonable time.

6.

Limitation of Liability

 

6.1

The Company does not excluded liability in the case of death or personal injury caused by the Company’s negligence.

 

6.2

The Company will use its reasonable endeavours to pass on any manufacturer’s warranty to you.

 

6.3

The Company shall not be liable for any fault or defect in respect of the Products if:

 

 

6.3.1

such fault or defect arose as a result of the Products being improperly used and/or not used in accordance with the manufacturer’s manual; or

 

 

6.3.2

such fault or defect was the result of unauthorised modification of the Products without the written consent of the Company. 

 

6.4

Subject to paragraph 6.1, to the fullest extent permitted by law, 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:

 

 

6.4.1

in respect of matters for which the Company does not carry insurance, the price of the Products; and

 

 

6.4.2

in respect of matters for which the Company carries insurance, the insured value.

 

6.5

Subject to paragraph 6.1, to the fullest extent permitted by law, the Company shall not be liable to you 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.

 

6.6

The provisions of this paragraph 6 shall survive the termination of these Conditions and/or Contracts.

 

6.7

The exclusions and limitations of liability set out in this paragraph 6 shall be considered severally. The invalidity or unenforceability of any one of these sub-paragraphs shall not affect the validity or enforceability of any other part of this paragraph 6.

7.

Returns Policy

 

7.1

The Company’s returns policy, which is in compliance with the Distance Selling Regulations 2000, is as follows:

 

 

7.1.1

Within seven (7) working days beginning with the day after the day of receipt of any Product, you may exercise your right of cancellation in respect of such Product by sending us written notice of cancellation.

 

 

7.1.2

You must promptly return the Products to the Company at your cost.

 

 

7.1.3

The Company will refund your payment for such Product.

 

 

7.1.4

Where the Product is damaged, the Company reserves the right to commence legal proceedings against you for any loss suffered by the Company.

 

7.2

For the avoidance of doubt, you will not be entitled to return any Products which are customised to meet your specifically requirements.

 

7.3

All Products returned shall be returned in their original packaging.

8.

Notice

 

8.1. Any communication between the Parties shall be by e-mail or first class post to each party’s current e-mail or postal address (as given on the Website at the time of such communication) or the e-mail or postal address given in your Order (or any new e-mail or postal address which you may have notified to the Company).

8.2. You may cancel your account at any time by giving us 30 day’s notice of your intended cancellation date. In order for us to accept your cancellation your account must be up to date (no payments outstanding) at the time of notification.

8.21 In the event the customer has outstanding payments due to the Company you are entitled to notify us of a cancellation date as soon as your account is brought up to date.

9.

Amendments to this Condition

 

The Company reserves the right to vary these Conditions at any time but, in respect of any ordered Products Purchased, the terms which apply shall be those which you accepted when you placed your Order. Rental terms may be amended at our discretion.

10.

Law and Jurisdiction

 

These Conditions shall be governed by and construed in accordance with Scottish law and the Scottish Court shall have jurisdiction.

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