Aquobex Terms & Conditions

  1. DEFINITIONS AND INTERPRETATION
    1. In these Terms: unless the context otherwise requires, the following expressions shall have the meanings respectively set opposite to them:
      “Company” – Aquobex Limited
      “Contract” – The agreement between the Company and the Customer for the supply of Goods and Services and shall comprise these Terms and the proposal sent to the Customer
      “Customer” – The person, firm, company or other organisation to whom this document is given or addressed
      “Goods” – Goods or materials to be supplied by the Company to the Customer under the Contract
      “Premises” – The premises at which the Goods are to be installed or Services carried out pursuant to the Contract
      “Services” – Services to be supplied by the Company to the Customer under the Contract
      “Terms” – These standard terms and conditions of business.
    2. References to the singular shall include the plural and vice versa;
    3. Reference to any gender shall include all genders;
    4. Headings are inserted for convenience only and no account shall be taken of headings in construing these Terms.
  2. PREVAIL

    These Terms shall apply to all Contracts for the supply of Goods and Services by the Company to the Customer and shall prevail over any terms and conditions stipulated by the customer. No amendments to these Terms shall be effective unless expressly agreed in writing and signed by a director of the Company.

  3. ACCESS

    The Customer shall grant the Company’s representatives unrestricted access to the Premises at all reasonable times for the purposes of taking measurements, carrying out works forming the subject of the Contract and for any subsequent remedial work if required. The Customer shall grant the Company’s representatives access and permission to position ladders, scaffolds, vehicles and other related equipment on the Premises in order to complete its obligations under the Contract. In the event of access being required to neighbouring land it is the Customer’s responsibility to ensure that access is granted and the Company shall not be held liable for delays arising out of the Customer’s inability to gain access. In the event that the Company’s representatives are not able to obtain suitable access then the Customer will be charged additional time related costs because they have to return at another time.

  4. SURVEY
    1. As soon as reasonably practicable the Company will arrange an appointment with the Customer for a representative of the Company to take detailed measurements of the proposed works (“the Survey”) in order to ascertain and verify the technical viability of the work to be undertaken by the Company.
    2. It is the Customer’s responsibility to inform the Company in writing at the time of the Survey whether or not the Premises are listed buildings or within a conservation area as defined by statute whereupon it shall be the Customer’s responsibility to obtain all necessary approvals relating to installation of the Goods. The Customer confirms that they have carried out all of the necessary searches as regards to the Listed Status of the property to be protected with the Company products, and can confirm that they agree that the installation to take place. The Customer takes full responsibility for this installation, as they have satisfied themselves that installing the Goods will not breach any Listed Building statutory guidelines laid down by the respective Local Authority.
    3. In the event that the approvals referred to in clause 4.2 are obtainable only by revision of the works specified, the Company shall quote a revised price to the Customer. In the event that this revised price is not accepted by the Customer within 7 days of the quotation the Company shall be entitled to cancel the Contract by written notice to the Customer.
    4. In the event that the approvals referred to in clause 4.2 shall not be forthcoming the Company shall be entitled to cancel the Contract by written notice to the Customer.
  5. PRICE AND PAYMENT
    1. All prices quoted by the Company are exclusive of VAT or any other taxes, levies or duties, which shall be paid by the Customer in addition to the price.
    2. Changes to the work made at the request of the Customer after entering into the Contract shall be subject to additional charges at the Company’s current applicable rates. Such extra amounts payable shall be advised to the Customer as soon as reasonably possible, normally within 3 working days.
    3. Unless otherwise agreed payment by the Customer to the Company shall be made within 7 days following the date of the Company’s invoice.
    4. The Company reserves the right to require the Customer to pay to the Company a deposit, the deposit being a proportion of the Contract price as may be determined by the Company from time to time, payable in advance at the commencement of the Contract as directed by the Company.
    5. In such circumstances, the Company shall not be obliged to deliver any Goods or perform any related Services until payment of such a deposit has been made, and if by cheque the funds have been cleared through the Company bank account.
    6. If the Customer fails to pay any sum due under the Contract on the due date the Company shall be entitled until payment has been made in full (without prejudice to its other rights and remedies) to charge interest on the sum outstanding at the rate of 8 per cent. accruing on a daily basis from the due date for payment to the date of actual payment and/or suspend or cancel all further deliveries of Goods and performance of any Services ordered by the Customer.
  6. DELIVERY
    1. Although the Company will endeavour to adhere to delivery dates and delivery periods, the dates set out in any documentation from the Company are to be treated as estimates only and the Company shall not be liable to the Customer for any damage or loss arising directly or indirectly out of delay in delivery. The Company shall endeavour to advise the Customer of any delays on a timely basis.
    2. Delivery times will be subject to alteration where changes are requested in respect of specifications by the Customer after entering into the Contract.
    3. In the event of any stoppage, delay or interruption outside the Company’s direct control, the Company shall notify the Customer if performance is likely to be delayed by more than one week and any estimated delivery dates shall be adjusted accordingly.
  7. PROPERTY AND RISK
    1. In relation to the sale of Goods no property in or title to the Goods shall pass to the Customer until the Customer has made full and unconditional payment of:
      1. All sums due to the Company under the Contract in respect of the Goods; and
      2. All other sums due to the Company on any account whatsoever, whether arising under contracts entered into before or after the date of the Contract.
    2. All Goods belonging to the Company which are in the possession of the Customer shall be kept safe and stored so that they can be readily identified as the Company’s property and shall be at the Customer’s risk for so long as they are in the Customer’s possession.
    3. If payment under the Contract relating to the Goods is overdue in whole or in part or in the event of termination of the Contract under clause 11,the Company shall been titled (without prejudice to its other rights or remedies) to recover the Goods by entry into and removal from the Premises, and the Customer hereby irrevocably consents to the entry by the Company into the Premises for that purpose.
  8. SPECIFICATIONS AND SAMPLES

    All product descriptions, dimensions, weights and pictures in the Company’s literature are intended for general guidance only and are approximate. Although the Company will endeavour to supply materials in accordance with the quality of samples submitted or quoted for, the Company reserves the right in its sole discretion to substitute other equivalent materials.

  9. INTELLECTUAL PROPERTY

    The Customer shall not acquire any patent, copyright, design right or similar intellectual property right in the Goods or in any design embodied in the Goods. All drawings, designs or information submitted by the Company are the property of the Company and the Customer shall not be entitled to copy or make them available to any third party.

  10. WARRANTIES AND LIABILITIES
    1. The Company warrants that the Goods will be of satisfactory quality and fit for the purpose. However, unless otherwise expressly agreed in writing, the Company cannot accept any responsibility for the life or wear of the Goods or for their use in any specific manner save that for which they are intended whether or not this is made known to the Customer.
    2. The Customer shall keep the Premises adequately insured (to the extent that such insurance is available to the Customer) against loss or damage caused by flooding under a comprehensive policy with a reputable insurance company or underwriter.
    3. Subject to clauses ‎10.4, ‎10.8 and ‎10.9 and only to the extent it that is not covered by the insurance effected by the Customer pursuant to clause ‎10.2 the liability of the Company in respect of any claim for breach of contract or loss of or damage to property of the Customer howsoever arising (including as a result of any negligence or failure to perform on the part of the Company or its agents or sub-contractors) shall in no event exceed the lower of the amount paid by the Customer under the specific Contract or £5,000 in respect of one event or series of events.
    4. The Company does not in any way seek to exclude or limit its liability in respect of death or personal injury caused by the negligence of the Company or its agents or sub contractors or in respect of any damage for which the Company is liable under the Consumer Protection Act 1987.
    5. Save as set out in these Terms and as far as permitted by law all warranties, conditions or obligations express or implied as to the condition, quality, fitness or description of the Goods are expressly excluded and save as expressly provided in these Terms neither the Customer nor any other third party shall have any claim against the Company.
    6. The Company shall not be liable for any consequential loss suffered or incurred by the Customer whether or not arising from negligence, or failure of performance, and for this purpose consequential loss means any loss of anticipated profits, damage to reputation or goodwill, loss of future business, damages, costs or expenses payable to any third party or any indirect losses.
    7. The Company shall have no liability to any third party in connection with the Goods or the Services or otherwise arising out of or in connection with the Contract relating to the supply of the Goods and Services and the Customer agrees to keep the Company fully indemnified in respect of any such claim.
    8. The Company accepts no liability in respect of the following:
      • damage due to ground water, damp, water ingress via any cracks in masonry or brick work and water ingress via any holes, opening, vents, outlets or other conduits or media;
      • damage due to accident, neglect, mis-use, faults or premature deterioration of the Goods which result from the Customer’s failure to comply with the Company’s maintenance instructions;
      • damage resulting from subsidence due to soil shrinkage, underground or mine workings;
      • minor defects to plaster work and brick work due to settlement;
      • discolouration or damage to brick work;
      • damage and/or deterioration to the Goods arising out of normal wear and tear; and
      • damage caused or relating to flood damage arising from water entering the Premises via the over-topping design feature;
      • damage due to floodwaters rising above the height of Goods installed at the Premises.
    9. The Goods are made according to the specification described in the Company’s brochures. For the purpose of clarification, the Goods are designed to protect the Premises subject to the limitationssetoutinclauses1‎0.1and
      1. All flood defence devices will suffer from some water leakage, but the products are designed to minimise the leakage;
      2. In the case of barrier products, from floodwater up to the height of the particular barrier(s) installed being exposed to periods of flooding lasting a maximum of approximately three to five days at any one time;
      3. In the case of flood door products, from floodwater up to the height of the particular door(s) over-topping device installed being exposed to periods of flooding lasting a maximum of approximately three to five days at any one time; The Company does not warrant that the Goods will protect the Premises from flood conditions which exceed these criteria or which find alternative routes into the Premises.
    10. The Company shall not be responsible for the resiting of any gas, electrical, wiring, plumbing, cable, telephone installation, conduit, media or other services. In the event that this is required to be done the Customer shall be responsible for arranging for such work to be carried out prior to the commencement of work required under any Contract incorporating these Terms. In the event that such work is not carried out in advance of the Company’s representatives at the Premises, then the Customer shall be liable for all additional time related charges incurred by the Company.
    11. The Company will make good any damage caused during installation to plaster, floors, rendering or brickwork immediately surrounding any window or door where the Goods are installed. The Company does not undertake to avoid damage to surrounding paintwork or other decoration which is reasonably commensurate with the fitting of the Goods in the usual way.
    12. The Company accepts no responsibility for any damage resulting from structural defects in the property at which the installation is carried out.
    13. The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform any of the Company’s obligations resulting from any cause beyond the reasonable control of the Company including (without limitation) any act of God, act of government or state, war, fire, flood, tempest, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw materials, energy or other supplies, or trade disputes of whatever nature.
  11. CANCELLATION OR TERMINATION
    1. The Customer has the right to cancel the Contract within 7 days of signing the Contract.
    2. If the Customer cancels the Contract then the Customer shall on demand reimburse to the Company any charges or expenses which the Company may incur by reason of such cancellation. In the event of cancellation by the Company where this is not due to any fault on the part of the Customer, the Company shall reimburse the Customer for any reasonable costs genuinely incurred in respect of the Goods and Services that would have been provided under the Contract subject in any event to the limitations contained in clause 10.3.
    3. The Customer shall remain liable to pay for such part of the work as has been completed in cases where the Customer cancels the Contract where it has only been partially performed.
    4. Without prejudice to any other rights or remedies which it may have the Company shall be entitled by written notice to the Customer forthwith to terminate the Contract and to treat itself as discharged from its obligations at any time after any of the following events:
      • if payment under the Contract is overdue in whole or in part or if the Customer is in breach of any of its obligations under the Contract and, in the case of a breach capable of remedy, such breach is not remedied within seven calendar days of receipt by the Customer of notice requiring the breach to be remedied; or
      • if an administrative receiver of the Customer (being a company) is appointed, or if a receiver or a receiver and manger is appointed or an encumbrance takes possession of all or any of the Customer’s assets or revenues, or if any distress, execution, sequestration or other process shall be enforced upon or levied against any of the assets of the Customer, or if any third party shall enforce the provisions of any clause retaining title in Goods supplied to the Customer, or if the Customer shall cease or threaten to cease to carry on business; or
      • if the Customer (being an individual) or (where the Customer is a company) any individual member of the company comprising the other party:
        • is the subject of an interim order under Part VIII of the Insolvency Act 1986;
        • makes a voluntary arrangement under that Part, or makes or proposes any other composition, scheme or arrangement with (or an assignment for the benefit of) his creditors;
        • has a bankruptcy order made against him;
        • is unable to pay his debts or is otherwise insolvent or dies;
      • if the Customer (being a company):
        • makes a voluntary arrangement under Part I of the Insolvency Act 1986, or makes or proposes any other composition, scheme or arrangements with (or assignment for the benefit of) its creditors;
        • is the subject of an administration order under Part II of the Insolvency Act 1986;
        • is the subject of a resolution for voluntary winding-up;
        • has an interim order or winding-up order made against it;
        • is unable to pay its debts within the meaning of Section 123 or Section 223 or Section 224 of the Insolvency Act 1986; or
        • ceases to exist; or
        • if the Company shall reasonably believe that any event in clause ‎11.4 is about to occur.
    5. Any termination of the Contract shall not affect any accrued rights of the Company nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
  12. THIRD PARTY RIGHTS

    The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract incorporating these Terms except to the extent that any provision of these Terms expressly provides to the country.

  13. SEVERABILITY

    The invalidity or unenforceability of any one or more of these Terms will not invalidate or render unenforceable the remaining Terms. Any illegal or invalid provision of these Terms will be severable and all other provisions will remain in full force and effect.

  14. JURISDICTION

    All Contracts between the Company and the Customer shall be governed by and construed in accordance with the laws of England and Wales. For the benefit of the Company the Customer irrevocably agrees to submit to the jurisdiction of the English courts in regard of any dispute touching or concerning the performance of any such contract or the validity or construction of the Contract (including these Terms) but without prejudice to the right of the Customer to bring or enforce proceedings in any other court or tribunal having jurisdiction.