Terms and conditions of sale

Quotations and orders

Prices shown on this site are indicative list prices, exclusive of VAT and delivery, converted from our published US list price with an allowance for currency movement. They are an invitation to treat and not an offer. A binding contract is formed only when we issue a written order acknowledgement against your purchase order.

Quotations are valid for 30 days unless stated otherwise, and are subject to confirmation of site water quality and equipment specification.

Price and payment

• —Prices are quoted in pounds sterling, euros or Saudi riyals and are exclusive of VAT, duty and delivery unless stated.
• —Payment terms are 30 days from date of invoice for approved accounts; otherwise payment is due before despatch.
• —We may charge statutory interest on late payment under the Late Payment of Commercial Debts (Interest) Act 1998 or the equivalent EU late-payment rules.

Delivery, risk and title

Delivery dates are estimates and time is not of the essence. Risk passes on delivery to the address on the order acknowledgement. Title does not pass until we have received payment in full for the goods and any other sums owed on the account.

Installation and site conditions

Unless we have quoted for installation, the customer is responsible for installation by a competent person, in accordance with our published specification, local plumbing and water regulations, and — in the UK — the Water Supply (Water Fittings) Regulations 1999. Equipment must be supplied with potable water within the operating pressure and temperature limits stated on the specification sheet.

Warranty

Equipment carries a 12-month warranty against defects in materials and workmanship from the date of delivery, provided it has been installed and maintained in accordance with our specification and that cartridges have been changed at the stated intervals. Cartridges and other consumables are warranted only against defects present at delivery.

The warranty does not cover damage from scale, sediment or corrosion where the recommended treatment was not fitted or was not maintained, from freezing, from water outside the stated operating limits, or from modification by anyone other than us or an authorised partner.

Our sole obligation under the warranty is, at our option, to repair or replace the affected item or to refund the price paid for it.

Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, we are not liable for loss of profit, loss of business, loss of production, wasted expenditure or any indirect or consequential loss, and our total liability arising from a contract is limited to the price paid under that contract.

Statutory implied terms as to satisfactory quality and fitness for purpose are excluded to the fullest extent permitted for business-to-business supply under the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977.

Returns

Unused goods in original packaging may be returned within 30 days of delivery with our written authorisation, subject to a restocking charge. Cartridges with broken seals, made-to-order items and commissioned systems cannot be returned.

Force majeure

Neither party is liable for failure to perform caused by an event beyond its reasonable control, including acts of God, war, civil unrest, epidemic, industrial action, failure of utilities or transport networks, import or export restrictions and interruption to supply chains.

Governing law

Contracts with Terry H2O Solutions UK Ltd are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Contracts with Terry H2O Solutions EMEA Ltd are governed by the law of England and Wales unless the order acknowledgement states otherwise, without prejudice to any mandatory consumer or local law that applies in the customer’s territory.