Conditions for the Provision of Services
These are the terms on which Wenlock Water 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.
2.4 The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.
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 01694 781277 (between the hours of 9am to 5pm from Monday – Friday); or
(3) post addressed to:
Wenlock Water Ltd, Wolverton, Church Stretton, Shropshire, SY6 6RR
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. The price quoted is exclusive of VAT
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.
7.4 The price is exclusive of any applicable Value Added Tax which the Customer shall be additionally liable to pay to the Company
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.
8.2Where 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.
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 HSBC Bank 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 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.
12.2 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.
12.3 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.
12.4 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.
12.5 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.
12.6 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.
12.7 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.
13.1 Any notice required to be given to the Company shall be given by fax or first class post addressed to the Company’ trading address.
14.Law and Jurisdiction
14.1 These Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.