Our Terms & Conditions of Use
NOTHING IN OUR TERMS & CONDITIONS CONTRADICT The Consumer Contracts Regulations 2013 YOUR RIGHTS HAVE NOT BEEN INFRINGED BY OUR TERMS & CONDITIONS, PLEASE SEE OUR SHIP & RETURN CONDITIONS FOR DETAILS ON HOW TO RETURN ITEMS YOU HAVE ORDERED
1. In the event that there is a pricing error on the website or in offered quotes or pro-forma invoices, we will inform you of our error prior to processing of your order & BROOK-WATER-UK will not be bound to honour any orders made at that price.
2. Disclaimers and Limitations on BROOK-WATER-UK Liability Without prejudice to statutory rights afforded to purchasers of products. The information & materials contained within this website, including & without limitation text, graphics, & hyperlinks, are provided as is & with no warranty. BROOK-WATER-UK does not represent or warrant that the information accessible on this website or in offered quotes or pro-forma invoices or via this website is accurate, complete or current, or that this site is free of risk of viruses or other damage.
3. Price & availability information is subject to change without BROOK-WATER-UK having to give notice.
4. We strongly recommend that all installations are carried out by fully qualified, professional and experienced installers. We and the Manufacturers will not be held liable for faulty installations, failure to carry out installation according to instructions or by the lack of skill by whomever installs any product purchased from us.
5. All mistakes in spelling, grammar, punctuation are merely that, mistakes. We reserve that right to rectify these mistakes without any obligations on ourselves to be liable in any way due to these mistakes.
6. All dimensions of products provided on our site are approximate only. If you require exact dimensions please contact us or the manufacturer so that we or they can obtain a specification sheet from the manufacturer. We will not be held liable for any assumption on the buyers part of dimensions displayed on our site.
7. All oral/verbal instructions issued over the phone will be written down by us and acted upon. We will not be held liable for any mistakes that occur from the issue of such instructions. We strongly advise that the buyer, sends written instructions to confirm all oral/verbal instructions given to us over the phone.
8. The Order Confirmation we send you can act as your receipt as well. Please note we are not VAT registered & as such have not charged you VAT.
In these Terms and Conditions, the words listed below have the following meanings:
US, WE, OUR, OUR COMPANY, means : BROOK-WATER-UK.
- The Buyer means the Person, Firm or Company (or such other person, firm or company as WE may, in writing, regard as the Buyer for the purposes of the Contract) from whom an order is received or who purchases the Equipment from Us.
- Agents means, any contractor, sub contractor or representative appointed by the Buyer or appointee of the Buyer.
- A Contract means any contract or order between Us and the Buyer for the sale and purchase of the Equipment or Services, incorporating these Terms and Conditions.
- Equipment means any Equipment or Services agreed in the Contract to be supplied to the Buyer by US (including any part or parts of them).
- Delivery Point means the place where the delivery of the Equipment or services is to take place under clause 9.
- Quotation means OUR quotation or tender to the Buyer to supply the Equipment or Services including any drawings and specification referred to or contained therein.
- In these Terms and Conditions reference to the masculine include the feminine and the neuter and to the singular include the plural and vice versa, as the context requires.
a. Contracts are made and orders are accepted only upon and subject to these Conditions of Sale. All other conditions are hereby excluded unless expressly accepted in writing by US.
b. In entering into a contract with US, the Buyer acknowledges that the contract has not been induced by any representations orally or in writing made by US or, by OUR servants or agents.
c. Any quotation, estimate or tender previously given or made by US was not an offer but an intimation of the terms upon which WE were prepared to negotiate. The offer to contract with the Buyer made by these conditions may be accepted by the Buyer in a formal manner or may be inferred from the Buyers acceptance of performance, in whole or in part by US. Any conditions contained in any purported acceptance by the Buyer shall be disregarded and the acceptance shall be construed as an unqualified acceptance of these conditions.
d. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by US shall be subject to correction without any liability on OUR part.
e. No terms or conditions endorsed upon, delivered with or contained in the Buyers purchase order, confirmation or order, specification or other document will form part of the Contract.
f. No order placed by the Buyer shall be deemed to be accepted by US until WE issue a written acknowledgement of order or (if earlier) WE deliver the Equipment to the Buyer.
g. The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate and that the person is authorised to make such a purchase.
h. On receipt of any of the following: a written instruction to proceed, our completed Consent Form, and or the relevant payment to US. A contract will be deemed to exist.
- Up to 14-days only after our acceptance of your order you may still cancel your order.
- A Maximum charge of UP TO 25 percent (for re-stocking ) of the order value shall apply in the event of cancellation during this period.
- If the item has to be MADE ESPECIALLY IE: bespoke, for you will not be allowed to cancel an order, 48 hours after it was placed.
- Furthermore you must NOT USE the item in any way what so ever, and return it to us at your own cost.
- After this 14-day period you will be liable for the total value of the order.
- When items are to be returned the liability to ensure the item is returned to us rests with the buyer at all times
a. The description of the Equipment shall be as set out in OUR Quotation or product descriptions.
b. WE shall be entitled, without adjustment to the price stated in the quotation, to make such minor variations to the design of the Equipment or to substitute for the Equipment referred to in the Quotation, Equipment of the same or better quality, if WE consider such variations or substitution reasonably necessary for the proper performance of the Equipment.
c. All drawings, descriptive matter, specifications and advertising issued by US and any description or illustration contained in OUR catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Equipment described in them. They will not form part of this Contract.
4a. ACCEPTANCE OF ORDERS & PROCESSING
1.) All orders are accepted when your credit/charge or debit card is processed. All prices are in U.K Pounds & ARE SUBJECT TO FLUCTUATION, WE ENDEVOUR TO OFFER THE LATEST PRICES BUT DO NOT GUARANTEE THEM. Payment with all orders, To affect your order, and provide your goods to your site please provide payment in advance. Please allow time (5-7 days) for cheques to clear, we cannot release goods without payment. We will only supply for order totals as Outlined above, for quantities smaller that this we reserve the right not to supply goods, or to change the quote total. Lead-time is currently 5/7 days from receipt of cleared payments. NONE of our sales-staff are authorised NOR will they be, to release goods without payment up-front. For clarity: we cannot authorise the release of goods for shipping out to you without receipt of cleared payment. Cheques take 5-7 days to clear, add this time to our lead-time. If time is an issue for your project, please provide payment in a different way. Such as: BACS (48hrs to clear) Credit Card (24 hrs to clear), Bankers Draft (48 hrs to clear), or cash
2.) Any email or other acknowledgement of your order is merely to report that your request has been received and will be looked at, and does not in any way denote acceptance of your order regardless of any wording on the email.
3.) WE reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable it to evaluate and/or process the order.
4.)All specifications are approximate only and the seller shall have no liability in respect of any deviation there from.
5.) WE shall have no liability in the event of the goods infringing or being alleged to infringe the rights of any third party.
6.)Delivery may be affected in one or more installments. Delivery dates are approximate and no liability whatsoever is accepted in respect of late deliveries. If for any reason expected delivery will exceed 30 days from the date of receipt of order the customer will be informed and given the opportunity to cancel the order.
4b.ACCEPTING PARCELS PROCEDURE
a)CHECK the parcel contents and ONLY SIGN once you are SATISFIED WITH THE CONDITION OF THE GOODS. The Delivery driver is obliged to wait up to 10 minutes to allow you do so. Do not sign for the goods unless you can inspect them.
)If you find that there is damage REJECT THE ORDER! & REFUSE DELIVERY.
c)If for whatever reason you are unable to check the order, please write on the delivery note "UNCHECKED" and Strike a line though "RECEIVED IN GOOD ORDER & CONDITION ON xx/xx/xx DATE"
d)If part of your order is missing, then sign: "consignment short" and inform us within 48 hours of delivery receipt. Should it be required, additional goods will be dispatched, but only if you inform us according to our instructions.
This is very important, if you do not follow the procedure outlined above, we cannot claim against the delivery company. They will refute our claim, as we and our consignee ie: you; did not inform them according to their Terms & Conditions. We in turn will then refute your claim, as you did not follow this procedure as is laid out here in our Terms & Conditions.
If you have ordered inappropriate items which have no fault or damage, but you simply wish to return them, then in most cases we can take them back into stock. However, we do reserve the right to charge a restocking fee of up to 25%. Furthermore we stipulate that you return it in good order and at your own expense.
Upon inspection of returned goods, subject to confirmation by Brook-Water UK and in regard to any charges incurred, all refunds will be processed within 14 working days of receipt.
If later upon checking you find damage, please inform us within 48 hours of receipt of delivery. If you inform us later than this, we cannot address your claim, again as we would be failing to follow the delivery company Terms & Conditions. And, as such we would have to refute your claim.
1. You may not return BESPOKE / MADE TO MEASURE / ORDER items. They are made for your specific use and as such we cannot take them back in stock. This is inline with The Consumer Contracts Regulations 2013
2. If you have ordered inappropriate items that have no fault or damage, but you simply wish to return them, then in most cases we can take them back into stock. However, we do reserve the right to charge a re-stocking fee of up to 25% in all cases, for restocking or return to manufacturer, of any item returned in this period, As stated in our Terms & Conditions.
3. Furthermore we stipulate that you return it in good order and at your own expense. Upon inspection of returned goods, subject to confirmation by Brook-Water UK and in regard to any charges incurred, all refunds will be processed within 14 working days of receipt.
4. Should you require replacement goods, these will be dispatched provided the original items reach us in full, complete, unused and in their original undamaged packaging. To return products to us for any other reason, you must notify us within 14 days of delivery receipt in WRITING.
All return requests must be made in writing to us via any of the following, we cannot issue a Returns Number to you over the phone:
Email:email us here
Post: Brook-Water UK, The Downs, Woodhouse Hill, Uplyme, Lyme Regis, DT7-3SL, Dorset, England.
Please state clearly your:
3.A brief explanation of your reason for returning the product(s).
4.Your contact details.
At this point we will issue you with a RETURNS NUMBER. Upon receipt please follow these instructions:
1.Please reseal your original package as securely as possible, and in the original packaging to prevent damage.
2.Please write RETURNS NUMBER & Our Return Address Label.
3.Please affix sticker with your address details to the reverse of the package.
4.Please take to local Post Office or use your own courier for posting.
We would advise you to keep the receipt returned to you by the Post Office or your own courier. This is your proof that you sent the item back to us.
All goods for return, whatever the reason, MUST be in their original undamaged packaging, unused, unfitted & complete.
1. Unless expressly stated otherwise by US, all prices quoted
2. Are ex works, Delivery costs to UK mainland are addresses is currently FREE, delivery to other UK destinations such as Islands, etc are charged for, please see ship & return for more details. We are not VAT registered & as such will not be charging you VAT.
3. In the event of the Buyer cancelling or amending part of the order, in accordance with the provisions of clause 10, WE reserves the right to revise the price or prices quoted for goods already delivered.
1. NO credit facilities will been granted to the Buyer. The price for the goods shall be paid by the Buyer according to the terms stated here or on the quotation, in advance of delivery and WE shall be entitled to withhold delivery until payment has been received.
2. If the Buyer fails to pay US any sum due pursuant to the Contract, the Buyer will be liable to pay interest to US on such sum from the due date for payment at the annual rate of 6% above the base lending rate of NATWEST Bank Plc accruing on a daily basis until payment is made, whether before or after any judgement. WE reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
3. Unless otherwise expressly agreed upon in writing, no other discounts or commissions are to become due or allowable to the Buyer
4. As a matter of policy a copy of the Consent form and of the Invoice statement will be sent to your Finance Department to assist in the prompt payment of invoices.
5. Cheques/Telegraphic Transfers should be made payable to: BROOK-WATER-SERVICES or, if you have the facility, you may pay using BACS to Account no: 96585102 Sort code: 60-01-01 Bank Address: NATWEST Bank, 11 Market Square, Abingdon, OX14 3HH, U.K. We are now issuing remittance advice via fax / email please advise us if you require one; they will be despatched as soon as payment is received and cleared.
7. ADDITIONAL LOSS AND EXPENSE.
a. If the commencement or regular progress of the Contract is delayed or disrupted by any act, omission or default of the Buyer or any person for whom the Buyer is responsible, the amount of any loss and expense incurred by US as a result of such act, omission or default, shall be paid by the Buyer to US
b. The Buyer shall pay to US any loss and expense incurred by US in the carrying out of the Contract arising out of any breach or act of interference on the part of the Buyer or any person for whom the Buyer is responsible, including any failure to comply with the provisions of clause 7.
c. The Buyer shall not be entitled to vary the Contract except with the prior approval in writing of OUR COMPANY. The Quotation covers only the Equipment and Services specified in it. Any subsequent alteration by the Buyer as to the content of the Equipment and Services will involve an adjustment of the price. If any costs are increased as a result, the Buyer agrees that he will pay such increased price in accordance with the payment terms agreed within the Contract.
d. We shall not be held liable to any interaction the buyer may have with any third party, we deem this beyond the scope of our obligation to the buyer.
8. BUYERS OBLIGATIONS.
Unless otherwise stated in the Quotation, the Buyer shall or shall cause his agents to: -
a. Contract Fully Qualified & Professional Installers, to install any product purchased from us. We and the Manufacturers will not be held liable for faulty installations, failure to carry out installation according to instructions or by the lack of skill by whomever installs any product purchased from us.
b. Design and construct proper and accurate supports, foundations or seatings in compliance with any requirements stipulated in the Installation Instructions provided by US and suitable in all respects for the construction or installation of the Equipment.
c. Be responsible for off loading and checking of Equipment and also to ensure safety and proper provision of health and welfare facilities on the buyers site.
d. Ensure that installation instructions are followed exactly. It is NOT the responsibility of OUR COMPANY to provide a copy of such instructions to the Buyer or his agents. Any failure to comply exactly with OUR installation instructions renders void, any warranty obligations express or implied in regard to the Equipment concerned. WE shall be entitled to invoice and be paid by the Buyer for the costs of any site visit, inspection or advice consequent upon any request by the Buyer for the same.
e. We or the manufacturers will not be held liable for any installation carried by the buyer, without having the full installation guide from us, or the manufacturer.
a. Where goods are offered for delivery to a site, OUR obligation is to deliver as near to the site as roads permit. The Buyer is responsible for unloading the Equipment. (See also clause 7b).
b. On delivery, the Buyer or his agents shall examine the goods for defects and completeness. Thereafter, no claim for damage in transit, for shortage in delivery or for loss of goods will be accepted, see section 4b.ACCEPTING PARCELS PROCEDURE
c. WE shall not, in any circumstances, be liable, whether in contract or tort, to the Buyer for any indirect or consequential loss of damage (including, without limitation, loss of profits, loss of contracts or damage to property) or for any claim against the Buyer by any third party.
d. OUR liability for damage or non delivery of the goods, duly notified in accordance with the above, shall in any event, be limited to replacement of the goods within a reasonable time or, at OUR option, refunding the price thereof, whether the damage or non delivery is due to OUR negligence or otherwise.
e. WE will deliver to the address of the buyer as shown on the quotation.
f. The buyer shall be deemed to have accepted the Goods if they have not been rejected by 14 days after the delivery date. The buyer shall not be entitled to reject the goods in whole or part after this date.
g. The goods shall remain the property of OUR COMPANY until such time as payment in full is received from the client WE reserve the right to remove the goods supplied if after a reasonable period (30 days) payment in full is not received.
h. The goods shall at the risk of Buyer following delivery. This notwithstanding the goods shall remain OUR property until payment in full has been received.
i. Without prejudice to the statutory rights afforded to consumers under English law, WE accept no liability for any failure to ship products where this results from its inability to do so resulting from acts of god, civil commotion, riots, flood, draught, fire, legislation or other factors outside its control, or its decision on reasonable grounds not to do so for reasons of suspicion of credit card fraud or similar, provided that it takes all reasonable steps to notify you within 30 days of order placement that products will not be shipped as ordered. In such cases WE will not process any payment or will immediately refund any payment made, in full. It is your responsibility to ensure that you order from US with sufficient lead-time to prevent any loss or disappointment resulting from such non-shipment.
10. RETENTION OF TITLE.
a. All Equipment supplied by US to the Buyer shall remain OUR property until paid for in full and upon delivery, duly signed for by the Buyer or a representative/agent of the Buyer.
b. In the event of any default by the Buyer in payment under the Contract, WE shall be entitled, without prejudice to any other rights of OUR COMPANY, including but not by way of limitation to payment of the price for the Contract in full, to enter the Buyers or his agents premises or the site and dismantle and remove any Equipment supplied pursuant to the Contract and the Buyer hereby grants to US an irrevocable licence to enter upon their premises or the site for this purpose.
11. CANCELLATION OF ORDERS.
a. Contracts and orders and parts thereof may be cancelled only by US written acceptance of such cancellation. Where WE accept such cancellation, WE reserves the right to charge the Buyer with the amount of any losses or expenses directly or indirectly resulting from such cancellation. b. Where OUR COMPANY does not accept such cancellation,WE reserves the right to recover the invoice price from the Buyer and to charge the Buyer with additional losses both direct and indirect resulting from such cancellation.
a. WE warrant that (subject to other provisions of these Terms and Conditions) upon delivery and for a period of 12 months from the date of delivery, the Equipment will: -
a. Be of satisfactory quality within the meaning of the Sale of Equipment Act 1994. ii. Be fit for any particular purpose for which the Equipment is bought if the Buyer had made known that purpose to US in writing and WE have confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of OUR COMPANY.
b. WE shall not be liable for a breach of the warranty in clause 11a unless: -
i. The Buyer gives written notice of the defect to US and (if the defect is as a result of damage in transit) to the carrier, within two (2) days of the time when the Buyer, or his agents, discovers or ought to have discovered the defect; and
ii. WE are given a reasonable opportunity after receiving the notice of examining such Equipment.
c. WE shall not be liable for a breach of the warranty in clause 11a if: -
i. The Buyer makes any further use of such Equipment after giving notice; or
ii. The defect arises because the Buyer, or his/her agents, failed to follow OUR written and oral instructions as to the storage, installation, commissioning, operation and maintenance of the Equipment; or
iii. The Buyer, or his/her agents alters or repairs such Equipment without the written consent OUR COMPANY
d. WE shall at our option repair or replace such Equipment (or the defective part) or refund the price of such Equipment at the pro rata Contract rate provided that if WE so request. the Buyer shall, at THEIR expense, return the Equipment or the part of such Equipment which is defective, to US of the manufactuer.
e. If WE comply with clause 11a, it shall have no further liability for a breach of the warranty in clause 11a in respect of such Equipment. Any Equipment replaced will belong to US and any repaired or replaced Equipment will be guaranteed on these terms for the unexpired portion of the twelve (12) month period.
f. WE do hereby disclaim any and all responsibility to the claimed capability or otherwise of the Client Specified Equipment. In the event of a breakdown or malfunction please refer to manufacturer.
g. Products & Services purchased from US are warranted in accordance with English Law. Certain Products may be subject to additional warranties or guarantees given by the manufacturers directly. Such warranties or guarantees are not enforceable by US, only the manufacturers directly.
13. FORCE MAJEURE.
WE shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of OUR obligations in relation to the goods, if the delay or failure was due to any cause beyond OUR reasonable control.
Without prejudice to the generality of the foregoing, beyond OUR control means, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, acts of terror and sabotage, flood, epidemic, lock-outs strikes and other labour disputes (whether or not relating to either partys workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials. Provided that, if the event in question continues for a continuous period in excess on Ninety (90) days, the Buyer shall be entitled to give notice in writing to US to terminate the Contract.
WE shall have the right to terminate the contract forthwith where the Buyer becomes insolvent or bankrupt or makes arrangements with its creditors or suffers a receiver to be appointed or being a corporate body enters into liquidation (other than in connection with a reconstruction or amalgamation) in any of which cases WE shall have no further obligation hereunder and the price for all goods delivered and work done shall become immediately due and payable.
16. LAW, JURISDICTION & LIMIT OF LIABILITY.
WE do not accept liability for damage to property where & to the extent that it arises from negligence by US or our employees/agents. Compensation will be limited to £10.00 (one thousand UK pounds Sterling) for any single occurrence or a series of occurrences resulting from a single occurrence.
These Terms and Conditions shall be governed by and construed according to English Law and all disputes arising in connection therewith shall be submitted to the jurisdiction of the English courts. This agreement is solely between US and the client, any and all subcontractors will issue their own terms & conditions to the client, and acceptance of these is a matter for those parties.
The laws of England & Wales shall govern this agreement and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England & Wales.