Conditions for the Provision of Services
These are the terms on which H2O C.I. 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 ‘Customer’ means you, the corporate entity or individual requesting Services from the Company.
1.2 ‘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.
1.3 ‘Order’ means any order (whether oral and written) for Services made by the Customer to the Company including those made through the Website.
1.4 ‘Parties’ mean the Company and the Customer.
1.5 “Services” means any services which the Company provides its customer including those detailed on the Website, service catalogues, quotation and in these Conditions.
1.6 ‘Website’ means www.wenlockwatercoolers.co.uk or such variations to the name of 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 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 The Customer agrees that these Conditions shall be the exclusive basis on which any Contracts made between the Company and Customer are transacted and processed unless otherwise agreed in writing by a 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 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.
3. Appointment of Company
The Customer appoints the Company to provide the Services.
4. Services to be provided
4.1 The Services performed by the Company are set out on its Website and service catalogues. Where such Services are not detailed on the Company’s Website and service catalogues, the Customer may enquire 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 on 01534 738 330; or
(3) post addressed to:
H2O (C.I.) Limited, PO Box 213, Jersey, JE4 0YE
4.4 Where an Order is not made through the Website, the Order made shall clearly state (1) the type of Services; (2) (where applicable) the period during which the Services are required; and (3) the location where the Services are to be performed. 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 Customer shall not dispute the correctness of the same.
5. Notification of Filter Renewal and Servicing
5.1 A free notification via email is available for customers for the servicing of water coolers is required.
6. Company’s Obligations/Warranty
6.1 The Company shall perform the Services:-
6.1.1 with reasonable care and skill; and
6.1.2 within a reasonable time of the date hereof (where no date for performance has been agreed with the Customer).
6.2 Where any products purchased by the Customer develops any faults and/or breaks down within the warranty period as described on the warranty card furnished with the products purchased by the Customer], the Company will repair and/or replace (at its discretion) such products free of charge provided always that any faults and/or breakdown of the products are not due to the misuse of such products by the Customers and/or unauthorised modifications to the product.
6.3 Where such faults and/or breakdowns are due to the misuse of such products by the Customer and/or unauthorised modifications to the product, the Company may at its discretion, repair and/or replace such products. In such cases, the Company reserves the right to charge the Customer such fees as may be agreed between the parties.
7.1 Unless otherwise agreed by a manager of the Company, the price of the Services shall be as specified on the Website, the Company’s service catalogue and/or quotation and shall exclude the price of any goods/raw materials to be supplied in connection with the provision of the Services.
7.2 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 Services shall be based on the actual current price of the Company as at the time of acceptance of the Order.
7.3 Where raw material, goods, spare parts or hardware are involved in the course of performing 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 in respect of such raw material, goods, spare parts or hardware to be supplied in connection with the provision of the Services. Such increase may be necessary due to factors beyond the 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) or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.
8.1 Where the Customer obtains the Company’s Services through other means other than through the Website or through Credit Card (as defined in Clause 8.2 below) payment over the telephone, the Customer shall make payment to the Company in respect of the Services within 30 days after receipt of the Company’s invoice.
8.2 Where Orders are made through the Website and/or telephone, the Company accepts payment through Visa and Master Card (collectively as ‘Credit Cards’), Switch and Solo.
8.3 No payment for the Services shall be deemed to have been received until the Company has received cleared funds.
8.4 The Customer shall pay the price of the Services but without any other deduction. The time of payment of the price shall be of the essence of the Contract.
8.5 If the Customer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Company the Company shall be entitled to:
8.5.1 cancel the Contract or suspend the provision of any further Services to the Customer; and
8.5.2 charge the Customer interest (both before and after any judgment) on the amount unpaid at the rate of 3% per cent per annum above Natwest Plc base rate from time to time until payment in full is made (a part of a calendar month being treated as a full calendar month for the purpose of calculating interest).
9.1 No cancellations of any Contracts shall be permitted unless agreed in advance by a manager of the Company.
9.2 Subject to Clause 9.1, 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 entitled to charge the Customer a pro rated price.
10.1 The Company shall not liable to the Customer for the death of or injury to the Customer unless due to the negligence or other failure of the Company to perform its 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).
10.2 Where the Services involves raw material, goods, spare parts or hardware, the Company liability shall be as set out in Clause 8 of the Terms and Conditions for Sale of Products.
Where applicable, the Company shall not be required to issue any guarantee in respect of the Services until payment in full for the Services has been made by the Customer.
12.1 You may cancel your order for the Goods at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to firstname.lastname@example.org. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number.
12.2 You are entitled to cancel your Contract at any time prior to receiving the Goods so long as you provide us with written notice or, if you have received the Goods, so long as you provide us with written notice at anytime within 10 working days starting from the day after you received the Goods. You can send us a cancellation notice by sending an email to email@example.com. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number.
12.3 Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us at your own cost and risk.
12.4 The Goods must be returned to us in the same condition in which you received them until such time as the Goods are delivered back to us by you. You must return the Goods with its original packaging, this includes all tags and labels and the original invoice. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
12.4 We will offer you a refund of the full purchase price, including the cost of delivery provided that you return the Goods to us and the conditions set out in paragraph 12.4 are met. We must also be reasonably satisfied that:
- the Goods have not suffered damage after delivery;
- the Goods have not been misused or used other than in accordance with the instructions; and
- the problem is not due to normal wear and tear.
The Goods in terms of which you are claiming a refund must have:
- been damaged on delivery;
- been delivered in a faulty condition;
- developed a fault within 14 of delivery; or
- have been delivered to you in error.
12.5 Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause) we will replace the Goods with the same or a similar product (subject to stock availability).
12.6 Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the Goods to us.
12.7 In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 14 working days after receipt or the fault developing by email to firstname.lastname@example.org. Your cancellation notice must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage and your order reference number.
12.8 Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us.
12.9 Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.
12.10 If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
12.11 If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
12.12 If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with clause 12.4
12.13 We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Goods.
12.14 We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights.
13.1 The Customer acknowledges that there are geographical difficulties in providing the Services. Accordingly, the Company may perform any of its obligations or exercise any of its rights hereunder by itself or through any other third party sub-contractors. Where the Services (or part thereof) are performed by such third party sub-contractors, any act or omission of any such this party sub-contractors shall be deemed to be the act or omission of the Company.
13.2 This Contract contains the entire agreement between the parties and both Parties acknowledge that they have not relied upon any oral or written representation made to them by the other.
13.3 Each party irrevocably and unconditionally waives any right it may have 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 misrepresentation or warranty was made fraudulently and/or rescind this Agreement.
13.4 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
13.6 Both Parties shall be released from their respective obligations in the event of national emergency war prohibitive governmental regulation or if any other cause beyond the reasonable control of the Parties or either of them renders the performance of a Contract impossible whereupon all money due but unpaid under a Contract shall be paid immediately.
13.7 Where the Customer via an Order requests the Company to perform annual maintenance services, the term of such Order shall be automatically extended for further periods of 1 year unless the Customer terminates such Order by providing the Company with written notice. Upon receipt of such written notice, the Company shall within 30 days, re-imburse the Customer on a pro rated basis, any payments paid by the Customer to the Company in advanced.
14.1 Any notice required to be given to the Company shall be given by fax or first class post addressed to the Company’ trading address.
15.Law and Jurisdiction
15.1 These Conditions shall be governed by and construed in accordance with Jersey law and the Jersey Courts shall have jurisdiction.