Terms & Conditions
Conditions of Contract governing all contracts for the sale or supply of goods by Blue Mountain Water Ltd (“the company”).
In these Conditions:
“Buyer” means any person at whose request goods are supplied by the Company; and “goods” means any goods or replacements therefor and any refurbished goods together with (in the case of contracts for the provision of services) any services/ workmanship supplied to the Buyer under the contract. These conditions shall apply to every contract entered into with the Company except as varied by express agreement in writing signed by a director or authorised person on behalf of the Company. The headings are for convenience only and shall not affect construction of these Conditions.
1.1 A reference to any law is a reference to it as it is force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation from the time being in force made under it.
1.2 Subject to any variation under condition 1.5 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms and conditions which the Buyer purports to apply under and purchase order, confirmation of order, specification or other document)
1.3 These conditions apply to all the Company’s sales and any 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 the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
2.1 All prices are exclusive of VAT which is added to the invoice at standard rate
2.2 Unless otherwise specifically agreed by the Company in writing, the price of the goods shall be that stated in the Company’s price list applicable to the goods.
2.3 The Company reserves the right to vary the price of the goods without notice to take account of any variation in the cost of materials, labour, transport, duties, taxes, exchange rates or other costs between the date of the contract and the date of delivery or completion of payment.
3.1 Delivery dates are estimates only. Time of delivery is not of the essence of the contract. Unless otherwise stated, delivery periods commence from the date of the Company’s acceptance of Buyer’s order. The Company shall use its reasonable endeavours to deliver the goods by the stated delivery date, but may suspend or delay delivery and shall not be liable for any loss whatsoever in the event of late delivery or non-delivery of goods or any instalment of goods owing due to any occurrence whatsoever beyond its control. The Buyer shall not be entitled to refuse to accept late delivery or treat late delivery as a breach of contract.
3.2 The Company may at its option deliver the goods in one consignment or by instalments; each
instalment shall constitute a separate contract on these Conditions.
3.3 Delivery shall take place and risk shall pass upon the earliest of the following:-
3.4 The Company handing the goods to the Buyer or its agent at the Company’s premises; or
3.5 The goods leaving the Company’s premises; or
3.6 On the eighth day following notification that the goods are ready for despatch; or
3.7 All prices are given by the Company on an ex works basis. Where the Company agrees to
deliver the goods to the Buyer’s premises, the Company reserves the right to make a
reasonable charge for transport, packaging and insurance. The Company shall use reasonable
endeavours to give to the Buyer prior notice of any such charges.
3.8 If the Buyer has failed to collect goods on the expiry of the seventh day following notification of readiness for despatch the Company shall be entitled to treat the contract as repudiated by the Buyer. Until the contract is so terminated the Company may, at its option, either store the goods itself or have them stored by third parties on such terms as it in its absolute discretion thinks fit. The cost of storage and any additional transportation will be added to and form part of the price. If the Company elects to treat the contract as repudiated in accordance with this Condition it shall (without prior prejudice to its rights and remedies in respect of such repudiation) be entitled to sell the goods and retain the proceeds of the sale.
3.9 The Company shall not be liable for loss or damage to goods in transit unless:-
(i) the Company has agreed to effect delivery to a place other than the Company’s premises; and
(ii) the loss or damage occurs prior to arrival at delivery point; and either
(iii) in the case of non export sales, the damage or shortage is reported within 7 days of arrival at the delivery point and in the case of export sales the damage or shortage is notified to the Company within 14 days of arrival at the delivery point; or
(iv) in the case of total loss, non-arrival is notified to the Company within 14 days after despatch of advice note or invoice (whichever is the earlier).
3.10 The Buyer shall inspect the goods immediately upon receipt and shall (unless such inspection cannot be carried out and the delivery note is marked “not examined”), subject to paragraph
3.11 below, be deemed to have accepted the goods as delivered.
3.11 The Company shall not be liable for defects or shortages discoverable on reasonable inspection unless the Buyer notifies the Company, in the case of non export sales before the expiry of 7 days after receipt, and in the case of export sales 14 days after receipt, of any alleged defect or lack of conformity with the contract.
3.12 The Company shall make good shortages notified to it under 3.11 as soon as reasonably practicable but shall not be liable for any other loss whatsoever arising from such shortage.
3.13 The Company’s liability for goods lost or damaged in transit shall in all circumstances be
limited to (at the Company’s option) the repair or replacement or crediting the Buyer with the invoice value of the goods in question.
3.14 The quantity of any consignment of Goods as recorded by the Company on despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provided conclusive evidence proving the contrary.
3.15 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 3 days of the date when the Goods would in the ordinary course of events have been received.
Installation and Servicing of Fire Extinguishers
4.1 Customers can choose to install and commission the extinguishers themselves but we strongly recommend that you carry out a careful visual inspection once you have received the extinguisher to ensure that there has been no transport damage, that the safety pin moves freely, that the pressure gauge needle (where applicable) is in the green and that you have received the correct extinguisher. Even though we inspect our extinguishers prior to shipment and are protecting them very carefully against transport damage.
4.2 If you are a business you need to have the extinguishers serviced for the first time after 12 months and yearly thereafter.
4.1 No payment shall be deemed to have been received until the Company has received cleared funds.
4.2 All payments payable to the company under the contract shall become due immediately on its termination despite any other provision.
4.3 The Buyer shall make payments due under the contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement.
5.1 On return of goods a cancellation fee of 10% will be levied on the total invoice amount including VAT covering original delivery cost, handling costs and further administration costs, this applies to all orders placed on account, over the phone or online.
5.2 No cancellation of specially purchased items can be accepted.
5.3 The Company must be informed within strictly 7 days of order of any unwanted items (5.1 will be enforced). Cancellation will not be accepted outside of this period.
6.1 Faulty Goods may be returned within 14 days of delivery of the Goods as to the reason for the return. Returns after 14 days of delivery will not be accepted.
6.2 Goods validly returned for repair or replacement under warranty shall be at the expense of the Company. All other Returns shall be at the expense of the Buyer.
6.3 Any goods being returned that are damaged or lost in transit will not be refunded
6.4 Goods must be unused and in re-saleable condition and in its original packaging.
6.5 The Buyer must inform the company that they are returning the goods and the company will issue a returns number which must attached to the package with the Buyers Details
6.6 Any goods returned without a returns number will not be accepted by goods inwards or refunded.
7.1 English Law shall govern construction and operation of the contract and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts
7.2 Each of these Conditions and each paragraph hereof shall be construed as a separate condition. Should any provision hereof be found to be invalid or unenforceable or an unreasonable restriction of the Company’s liability then such provision shall apply with such modification as may be necessary to make it valid and effective.