Terms and Conditions
1. These conditions apply to all Total Soft Water (TSW) sales and variation to these conditions and any representations about the goods shall have no effect unless expressly agreed in writing and signed by a director of TSW. The buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of TSW, which is not set out in the contract. Nothing in this condition shall exclude or limit TSW’s liability for fraudulent misrepresentation.
2. These conditions supersede any previous conditions on any literature published by TSW. Orders placed are deemed to be in accordance with these conditions which have precedence over any conditions the buyer may wish to apply.
3. Payment. This is strictly 100% with order, unless otherwise agreed in writing.
4. All price lists are subject to alteration without notice. Goods are invoiced at prices ruling at the date of dispatch and orders are deemed to be placed on this basis.
5. Estimated delivery dates are those on which in good faith, we expect goods to be delivered to the buyer. Every effort will be made to adhere to these dates. However we cannot accept responsibility for delays caused by circumstances beyond our control.
6. Acceptance of goods and liability. Any claims of damage in transit or short delivery must be notified to TSW in writing within 3 working days.
7. Claims of non-delivery must be notified to TSW within 7 days of receipt of invoice. Goods claimed to be not in accordance with the order must be retained as delivered for inspection and instruction. Failing this no liability will be accepted.
8. Product liability insurance must be carried by the buyer against claims of damage arising from malfunction of any fittings or components supplied or any malfunction arising from their use.
9. Retention of title. Risk in the goods sold shall pass to the buyer at time of delivery. Title and ownership of the goods shall pass to the buyer only when payment is made in full.
10. If the buyer shall default in punctual payment of any sum due to us, we shall be entitled to recover any goods seen to be our property. In addition, interest will be charged on overdue accounts.
- (a) Alleged faulty or defective goods shall be returned to TSW premises immediately, carriage paid and property packed and clearly marked with the buyers full name and address together with complete description of the respects in which it is alleged that the goods are defective. Such goods will be examined an should TSW be satisfied that the goods are defective, they will be repaired or new goods will be supplied in exchange and the goods so repaired or such new goods will be delivered free of charge to the buyer at TSW’s expense. Provided that the foregoing warranty shall only be applicable if, upon being required by TSW to do so, the buyer proves to TSW’s satisfaction.
- (i) That the defect was due solely to TSW’s defective workmanship;
- (ii) That no alteration or repairs have been made to the goods except with specific written consent;
- (iii) That the defect or defects were not caused by incorrect or negligent handling or storage, disregard of fitting instructions (where given), overloading, unsuitable application, faulty or negligent installation or any other default by the buyer, his servants or agents.
- (iv) That the defect was not caused by fair wear and tear, accident or any other reason beyond TSW’s reasonable control occurring after the date of the receipt by the buyer.
- (b) All costs and expenses, including freight charges, customs duties and insurance costs incurred in returning the goods to TSW in accordance with this condition shall be to the account of the buyer. The benefits of this warranty shall not be assigned by the buyer.
- (c) The warranty contained in sub paragraph (a) above does not extend to any goods or components not manufactured by TSW although supplied by TSW, nor does it extend to any second-hand or reconditioned goods or components. Goods or components not manufactured by TSW carry only the warranty (if any) of their makers and the buyer is entitled to benefit thereof only so far as TSW has the power to transfer it.
- (d) The terms and conditions are in lieu of all conditions, warranties or other terms as to description, fitness for purpose, condition, merchantable quality or otherwise in respect of the goods or repaired or replacement goods whether expressed in the contract or implied by common law, custom or statute and notwithstanding that such purpose of condition may be, may become or may have been known to TSW. Apart from TSW’s obligation to repair or replace goods in accordance with the terms of this condition, no liability is accepted in respect of the goods whether for consequential loss or loss or damages to third parties or otherwise.
- (e) TSW excludes any consequential losses occurring howsoever caused.