Terms and Conditions for Sale of Products to Businesses
These are the terms on which Water Cooler King (‘Company’) do business. They do not affect your statutory rights. They are designed to set out clearly the Company’s responsibilities and your rights. Water Cooler King is a Trading Name of BWT UK Limited
In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):
1.1 ‘Company’ means Water Cooler King
1.2 ‘Buyer’ means you, the corporate entity or individual purchasing Products from the Company.
1.3 ‘Contract’ means any contracts made between the Company and the Buyer for the sale and purchase of Products which shall include (but not limited to) contracts entered into between the Parties arising from Orders.
1.4 ‘Faults’ means faults as defined in Clause 4.1 below.
1.5 ‘Products’ mean any product, article or item which the Company sells (including part or parts of it).
1.6 ‘Order’ means any order (whether oral and written) for Products made by the Buyer to the Company including those made through the Website.
1.7 ‘Parties’ mean the Company and the Buyer.
1.8 ‘Website’ means www.watercoolerking.co.uk or such variations to the name of the aforesaid domain name.
1.9 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.
1.10 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.
1.11 In these Conditions headings will not affect the construction of these Conditions.
- Terms of Acceptance
2.1 The Buyer agrees that these Conditions shall be the exclusive basis on which any Contracts made between the Company and Buyer are transacted and processed unless otherwise agreed in writing by the 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 Buyer and the Company when (and not before) the Company notifies the Buyer by e-mail, fax, letter and/or electronically that the Buyer’s Order has been accepted.
2.4 The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.
- Delivery and Installation of Products
3.1 An Order may be made through:
(1) the Website;
(2) telephone on 01793 833600
(3) fax 01793 833696
(4) post addressed to:
Water Cooler King , BWT UK Limited. The IO Centre, Radway Road, Swindon SN3 4WH
3.2 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. 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 Buyer shall not dispute the correctness of the same.
3.3 The Company will on a reasonable endeavors basis dispatch the Products to the location specified in the Order within 2 working days. 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. Notwithstanding the foregoing, subject to additional delivery charges which the Company shall be entitled to charge the Buyer, the Company shall arrange for such Products to be delivered to the Buyer at specific dates and/or times as may be requested by the Buyer.
3.4 Unless otherwise agreed in writing by the Parties, the Buyer agrees that risk or loss or damage of Products passes to the Buyer on upon dispatch of the Products from the Company.
3.5 If the Company is unable to effect delivery due to any fault of the Buyer, the Buyer may incur additional delivery charges.
- Loss and Damage
4.1 Any Products delivered to the Buyer shall be deemed to be in good order unless the Buyer informs the Company of any defects, faults or malfunction of the Products (collectively as ‘Faults’) within 1 working days from the day of receipt of the Products unless the Faults are not ascertainable from reasonable inspection; in which case, the Buyer shall inform the Company of the faults as soon as it is practicable. Damage through delivery is not the responsibility of the Company. The Buyer has the right to request insurance against delivery in transit at the time of ordering. If this right ids not invoked no acceptance of responsibility of delivery damage from the Company shall be a made. The Company shall assist the Buyer with any claim against the carrier company entirely at its own discretion.
4.2 Subject to Clause 8.2, the Company shall (at its sole discretion), make good any Faults in respect of the Products or reimburse the Buyer for the whole or part of the price of the Products (if the quantity of Products is more than 1).
- Price and Payment
5.1 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 Products shall be based on the actual current price of the Company as at the time of acceptance of the Order.
5.2 Where the Buyer purchases the Products through other means other than through the Website, the Buyer shall make payment to the Company in respect of the Products within 14 days after receipt of the Company’s invoice, unless other such terms are agreed.
5.3 Where Orders are made through the Website [and/or telephone], the Company accepts payment through Visa and Master Card (collectively as ‘Credit Cards’), Switch, Solo and Pay Pal.
5.4 No payment for the Products shall be deemed to have been received until the Company has received cleared funds.
5.5 If the Buyer fails to settlement any payment due to the Company within the stipulated time, the Company shall be entitled (without prejudice to any other right or remedy it may have) to charge the Buyer interest on the sum at the rate of 3% per cent per annum above HSBC base rate in force from time to time from the date the payment became due until actual payment is made (irrespective of whether the date of payment is before or after any judgment or award in respect of the same).
6.1 Without prejudice to Clause 8.2, no cancellations of Orders shall be permitted unless agreed in advance by a manager of the Company.
6.2 Without prejudice to Clause 4.2, if Products have been delivered, the Products may not be returned unless agreed in advance by a manager of the Company. Any return which has been agreed shall be subject to the following conditions:
6.2.1 the Products are in brand new and in unused condition;
6.2.2 the packaging of the Products remain intact and unbroken and in reasonable condition;
6.2.3 the Products are returned at the cost of the Buyer; and
6.2.4 the returned Products are received within 14 days from when a manager of the Company agreed to accept the returned Products.
6.3 Where Products are cancelled or returned pursuant to this Clause 6, the Company reserves the right to charge an administration and or restocking cost.
- Disputes and set off
Any liability of the Company under any Contract is subject to and conditional upon the Buyer duly performing and observing all its obligations under the relevant Contract and these Conditions.
- Warranties and Liability
8.1 The Company will use its reasonable endeavors to pass on any manufacturer’s warranty to the Buyer.
8.2 Notwithstanding Clause 4.2 above, the Company shall not be liable for any Fault in respect of the Products if:
8.2.1 such Fault arose as a result of the Products being improperly used and/or not used in accordance with the manufacturer’s manual; or
8.2.2 such Fault was the result of unauthorized modification of the Products without the written consent of the Company.
8.3 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions and/or Contracts.
8.4 Nothing in this Agreement excludes or limits the liability of the Company for death or personal injury caused by the Company’ negligence or for fraudulent misrepresentation.
8.5 Subject to Clauses 4.2, 8.2, 8.3 and 8.4, 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:
8.5.1 in respect of matters for which the Company does not carry insurance, 120% the price of the Products; and
8.5.2 in respect of matters for which the Company carries insurance, the insured value.
8.6 The Company shall not be liable to the Buyer 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.
8.7 The provisions of this Clause 8 shall survive the termination of these Conditions and/or Contracts.
8.8 The exclusions and limitations of liability set out in this Clause 8 shall be considered severally. The invalidity or unenforceability of any one of these sub-clauses shall not affect the validity or enforceability of any other part of this Clause 8.
- Termination and Suspension
9.1 Without prejudice to the rights and remedies available to the Company (whether under these Conditions, Contracts or otherwise), the Company shall be entitled to (at its sole discretion) upon providing the Buyer with notice of such intention, terminate and/or suspend in whole or in part, any Contracts entered into between the Buyer and the Company if:
9.1.1 The Buyer fails or refuses to take delivery of any Products in accordance with these Conditions;
9.1.2 The Buyer commits any material breach of these Conditions;
9.1.3 The Buyer fails to pay any sums due to the Company; or
9.1.4 The Buyer makes any composition or voluntary arrangement with its creditors or becomes bankrupt or enters into administration or goes into liquidation (other than for the purpose of amalgamation or reconstruction).
- Force Majeure
10.1 The Company shall not be liable to the Buyer or be deemed to be in breach of these Conditions or any Contracts by reason of any delay in performing or any failure to perform any of its obligations in relation to the Products if the delay or failure was beyond the Company’ reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Company’ reasonable control:
10.1.1 Act of God, explosion, flood, tempest, fire or accident.
10.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition.
10.1.3 acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
10.1.4 import or export regulations or embargoes.
10.1.5 strikes, lockouts or other industrial actions or trade disputes.
11.1 Any notice required to be given to the Company shall be given by fax or first class post addressed to the Company’ trading address.
- The Buyer assumes all responsibility for safe disposal of Waste Electric and Electronic Equipment (WEEE) if Outright Purchases of Water Cooler is made unless they negotiate an alternative.
12.1 Buyers Acknowledges that they are aware of the WEEE regulation or that they will make themselves aware of the obligations they assume when they buy outright.
12.2 The Buyer may request details of Procedures or safe disposal schemes that may be offered by The Company and if preferable pay a premium to take advantage of such schemes, details available upon request
- Law and Jurisdiction
13.1 These Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.
14 The invalidity or unenforceability of any one of these clauses or sub clauses shall not affect the validity or enforceability of any other part of this contract.