Terms of Business

These are our terms of business, please read them carefully. These terms of business apply to any order that you place with us.

1. In these terms:

1.1 ‘We’, ‘us’ or ‘any’ similar expression means Pure Eau Limited (Company Registration Number: 5299150, whose registered office is at 112 High Street, Hadleigh, Suffolk IP7 5EL.

1.2 ‘You’ or any similar expression means the person who accepts our quotation and/or signs and returns our terms of business to us.

1.3 ‘Conditions’ means the terms and conditions of sale set out in this document.

1.4 ‘Goods’ means the articles that you agree to buy from us set out on the attached order form.

1.5 ‘Price’ means the price for the Goods inclusive of VAT but excluding carriage and packing.

2. Basis of the Sale
 
2.1 Any advice or recommendation given by us or by our employees or agents, which is not confirmed in our sales literature, or confirmed in writing by us, is followed or acted on entirely at your own risk. We shall not be liable for any such advice that is not confirmed in writing

3. Orders and Specifications

3.1 The quantity, quality and description of the Goods, and any specifications for them shall be as set out in our sales literature.

3.2 We reserve the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements or which is made to improve the Goods, which do not affect their quality or performance.

4. Price

4.1 The Price of the Goods shall be our quoted price, or where no Price has been quoted, the Price listed in our published price list current at the date of acceptance of the order.  All prices quoted are valid for 30 days only or until completion of the order, after which time we may alter the Price without giving notice.

5. Payment of the Price

5.1 You will pay the Price either prior to delivery of the Goods or in accordance with the terms of the Credit Agreement enclosed with these terms of business

6 Delivery
 
6.1 Delivery of the Goods shall be made by us delivering the Goods to the address specified by you.

6.2 Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods however caused.   Time for delivery shall not be of the essence of the Contract.

6.3 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control), then without limiting any other right of remedy available to us, we may store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of additional carriage and storage.

7. Risk and Property

7.1 Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Goods, the time when delivery of the Goods is tendered.

7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods.

7.3 Until such time as the property in the Goods passes to you, you shall hold the Goods as our fiduciary agent and bailee.

7.4 Until such time as the property in the Goods passes to you, we may at any time require you to deliver up the Goods to us and, if you fail to do so forthwith, enter on any premises where the Goods are stored and repossess the Goods.

8. Warranties and Liabilities

8.1 Subject to the following provisions, we warrant that the Goods will correspond with their specifications at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of delivery.

8.2 The warranty set out in clause 8.1 above is given by us subject to the following conditions:
8.2.1 We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval;

8.3 The warranty set out in clause 8.1 does not extend to consumable items that require periodic replacement, including specifically, (but not exclusively) filters and membranes.

8.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements Order 1976) your statutory rights are not affected by these conditions.

8.5 Except in respect of death or personal injury caused by our negligence, or liability for defective products under the Consumer Protection Act 1987, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express  terms of the Contract, for loss of profit or for any  indirect, special or consequential loss or damage, costs, expenses of other claims for compensation whatsoever (whether caused by our negligence, or negligence of our employees, agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance  with the Contract or at all) or their use by you and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms.

8.6 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods, if the delay or failure was due to any cause beyond our reasonable control.

9. Cancellation of Order

9.1 In accordance with your rights under the Consumer Protection (Distance Selling) Regulations 2000, you may cancel this contract at any time before the Goods are delivered or within 7 days (excluding Saturdays, Sundays and bank holidays) on receipt of the Goods by giving us written notice on receipt of written notice.
9.1.1 We shall cease to be bound to deliver and you shall cease to be bound to receive the Goods.
9.1.2 You shall immediately return any Goods already delivered in accordance with our instructions to you, and at your cost.

10. Insolvency of Buyer

10.1   This clause 7 applies if:
10.1.1 You make a voluntary arrangement with your creditors or (being an individual or firm) becomes bankrupt or (being a company) become subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction; or
10.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of your property or assets; or
10.1.3 We reasonably apprehend that any of the events mentioned above is about to occur in relation to you and we notifies you accordingly.

10.2  If any of the circumstances, set out in clause 7.1 occur, then without limiting any other right or remedy available to us, we may cancel the contract or suspend any further deliveries under the contract without any liability to you, and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous arrangement or arrangement to the contrary.

11. General

11.1  A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

11.2  If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision is question shall not be affected.

11.2.1  The Contract shall be governed by the law of England and you and me agree to submit to the non-exclusive jurisdiction of the English courts.