Terms & Conditions
TERMS AND CONDITIONS
This page (together with any documents referred to on it) tells you the terms and conditions (Conditions) on which we supply any of the goods (Goods) which are available through our website www.boilers4beverages.com (our site) to you.
You may only order Goods from our site if you are contracting with us as a business customer and not as a consumer. You will be deemed to be a business customer if you are purchasing Goods from us for the purposes of your business, trade or profession, rather than for private use.
These Conditions shall govern any contract for the sale of Goods which are available through our site which is made at a distance between us and any business customer (you, your) by any method, including but not limited to telephone, email and fax and also via our site. You must tick the checkbox if you wish to be able to order Goods from our site.
It is important to read and understand these Conditions before placing your order.
1. INFORMATION ABOUT US
www.boilers4beverages.com is a site owned and operated by Smart Watercoolers Limited T/A Boilers 4 Beverages (we, us, our). We are registered in England and Wales under company number 1645190 with our registered office and main trading address at Unit 10, Worle Industrial Estate, Coker Road, Weston-super-Mare, Somerset, BS22 6BX, United Kingdom.
2. SERVICE AVAILABILITY
Whilst we endeavour to ensure that our site is available 24 hours a day for 7 days per week, we shall not be liable if for any reason our site is unavailable at any time or for any period. Password security is your responsibility, as is your compliance with local laws if you access our site from outside the United Kingdom.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 We reserve the right to correct any typographical or clerical error or omission in any sales literature, price list, quotation, Dispatch Confirmation, specification, invoice or other document or information issued by us, without any liability on our part.
4.3 Information contained in catalogues, brochures, our site or in any other publicity material is only an approximation for which we shall not be liable and may be varied or amended by us at any time without notice. Photographs and images of the Goods may not be an accurate representation of the Goods. Any advice provided by us shall be provided without liability to you.
4.4 Material finishes and product colours shown on our site are for illustrative purposes only and can vary when viewed on differing computer equipment. For this reason, we cannot guarantee that your computer monitor will accurately reflect the true colour and finish of the Goods.
4.5 These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions.
4.6 No variation or waiver of these Conditions or of the Contract shall be binding upon us unless the same has been agreed by us in writing and signed by our authorised representative.4.9 You shall be responsible, prior to placing your order for Goods, for obtaining all relevant consents in connection with the installation of the Goods and you shall indemnify and hold us harmless against any consequences of any breach by you of this clause 4.9.
5. AVAILABILITY AND DELIVERY
5.1 All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you or to supply you with alternative similar goods if we have insufficient stock to deliver the Goods you have ordered.
5.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation.
5.3 All delivery dates are given by way of estimate only and in no circumstances shall we be liable for any delay in effecting delivery or for consequential loss arising to you or third parties as a result thereof and you shall not be entitled to cancel an order, reject the Goods nor withhold payment by reason of our failure to meet any delivery date.
5.4 All deliveries will be charged at the rates set out in our site at the time of purchase.
5.5 All Goods are delivered on a kerbside delivery service. The Goods will need to be offloaded by you and you will be responsible for arranging for sufficient manpower and such other facilities as may be required to complete offloading of the Goods.
5.6 If you fail or are unable to accept delivery of the Goods, or if we are unable to deliver the Goods to you because of any access restrictions or because you have not provided appropriate instructions, then you will be liable for redelivery charges and you may also be liable for storage charges.
5.7 We reserve the right to delay or suspend delivery, without liability to you, if you fail to observe the payment terms in these Conditions, or if you fail to supply relevant information required to us in time to meet the delivery date, or fail to obtain any required official or third party consents necessary for execution of delivery and/or installation.
5.8 Carrier freight and insurance will be at your cost.
5.9 You must inspect the Goods upon delivery and sign an acceptance or delivery note, endorsing thereon a full note of any shortage, damage or defect, or failure to conform to specification. Such signature shall be conclusive evidence that the Goods are of the correct quantity and type and are free from reasonably apparent defects and damage, except for those which may be set out in such endorsement.
6.1 If you wish to make a claim in respect of any defect or shortcoming in the Goods supplied that was not apparent on receipt thereof by you, you must complete and return the Warranty Product Returns Note which may be downloaded from our site.
6.2 All terms set out in the Warranty Product Returns Note must be strictly adhered to in order for us to consider your claim.
7. RISK AND TITLE
7.1 The Goods will be at your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive full payment of:
(a) all sums due in respect of the Goods, including any applicable carriage charges; and
(b) all other sums which are or which become due to us from you on any account.
7.3 Until ownership of the Goods has passed to you, you must:
a) store the Goods (at no cost to us) separately from all your other goods and any goods of any third party in such a way that they remain identifiable as our property;
(b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the Goods in satisfactory condition and keep them insured on our behalf for the full price of the Goods against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us; and
(c) hold the proceeds of the insurance referred to in sub-clause (b) on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.4 Your right to possession of the Goods shall terminate immediately, if:
(a) you convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed over your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or be obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or you cease to trade, or you encumber or in any other way charge the Goods.
(a) you are late in paying for the Goods; or
(b) you are late in paying for any other goods supplied by us; or if
(c) before title to the Goods passes to you, you become subject to any of the events listed in clause 7.4 (a) or (b), or we reasonably believe that any such event is about to happen and notify you accordingly, then:
without limiting any other right or remedy we may have, we may at any time require you to deliver up the Goods and, if you fail to do so promptly, we may (during normal business hours and with or without vehicles) enter any premises of yours or of any third party where the Goods are stored or kept in order to recover them, at your cost. You shall not keep the Goods at any premises other than such premises as shall be specified in writing by you to us prior to the dispatch of Goods to you, or at any premises at which you do not have the right to grant access to us.
8. PRICE AND PAYMENT
8.1 The price of the Goods will be as quoted on our site from time to time (except in cases of obvious error).
8.2 Although all prices are supply only, an option to have the Goods installed and/or serviced is available at checkout.
8.3 All prices exclude VAT and delivery charges, which will be added to the total amount due.
8.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.5 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
8.6 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
8.7 We accept payment by all major credit and debit cards.
8.8 As part of the order process, security checks may be applied and your card details, including your address will be checked. This process may include passing your details to a third party fraud checking company. From time to time, we may require further details before processing your order.
9. INTELLECTUAL PROPERTY
All intellectual property rights in relation to the Goods and any associated design software and designs, data sheets, packaging and literature are and shall remain (as between you and us) our sole and exclusive property and no licence (except in relation to any reasonable use for which the Goods are supplied) shall be implied.
10. USE OF GOODS AND SPECIFICATIONS
10.1 All Goods are supplied on condition that you undertake at all times to take notice of and comply with all instructions and recommendations issued with or contained on or relating to the Goods and to take all reasonable and prudent precautions as to the installation and use thereof. We shall not be liable to you or to any third party for any loss or damage which arises from your installation or use of the Goods.
10.2 You shall be solely responsible for assessing the Goods' suitability and fitness for purpose, irrespective of any specification, data, sample, product literature, description, or any other statement as to suitability and fitness for purpose or performance issued by us.
10.3 We reserve the right to alter the specifications of all Goods and to supply Goods to you reflecting such altered specifications without prior notice to you, provided that such alterations do not materially affect the characteristics of the Goods. Slight deviations within accepted tolerances shall not entitle you to cancel an order, return Goods or claim compensation.
11. LIMITATION OF LIABILITY
11.1 The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
- (a) any breach of these Conditions;
- (b) any use made or resale by you of any of the Goods; and
- (c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
11.3 Nothing in these Conditions excludes or limits our liability:
(a) for death or personal injury caused by the our negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for us to exclude or attempt to exclude our liability; or
(d) for fraud or fraudulent misrepresentation.
11.4 Subject to clause 11.2 and clause 11.3:
(a) our 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 the Contract shall be limited to the Contract price; and
(b) we shall not be liable to you for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any event outside our reasonable control (a Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This clause does not affect your statutory rights.
All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact Us section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You shall not assign or delegate all or any of your rights or obligations under the Contract without our prior written consent, such consent not to be unreasonably withheld.
15.3 We reserve the right to assign, subcontract or transfer all or any of our rights and obligations under the Contract to any person, firm or company without notice to you.
16.1 If we fail, at any time during the pendency of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
19. OUR RIGHT TO VARY THESE CONDITIONS
19.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Dispatch Confirmation.
20. LAW AND JURISDICTION
The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
1. ADDITIONAL TERMS AND CONDITIONS
1.1 The agreement shall be binding for the contract period, and thereafter shall be renewed automatically on each anniversary of the contract for a further period of twelve months. Either party may terminate this agreement prior to the anniversary, by notice in writing, served upon the other party at their respective address shown in this agreement, either by post, fax or email. Early termination of the agreement during the initial contract period will result in the remaining cost of the contract period becoming immediately payable.
1.2 The company agrees to perform a bi-annual sanitation and filter exchange. However, the day-to-day cleaning is the responsibility of the customer. This includes emptying drip trays, wiping the splash panel and cleaning the external outer cabinet to maintain a clean appearance and ensure complete hygiene. Repairs, parts and labour may be chargeable.
1.3 The company shall not be liable for any damages caused by the servicing of any equipment or other performance under this agreement. The sole and exclusive remedy of any breach of condition or warranty, express or implied, statutory or otherwise including liability for negligence on the part of the company shall be limited to the repair or replacement of any defective equipment or other item supplied and shall in no event include liability for incidental or consequential loss or damage.
1.4 The customer must pay all monies within 30 days of the date of issue of the company’s invoice. If any invoice remains outstanding 30 days after the same is due, interest shall become payable in addition, calculated on a monthly basis from the due date of payment, at the rate of one and a half percent per month. Late payments may also incur a late payment fee of twenty pounds. Late payments in excess of 90 days will incur a fixed fee of one hundred and fifty pounds, payable immediately, plus any costs incurred in recovering the outstanding amount.
1.5 The company cannot be held liable for the quality of the water source entering the water boiler.