Trading Terms and Conditions for Private Customers
The following definitions apply throughout these terms and conditions
1.1 Company: Precision Design Services Ltd. Greyfriars, Greyfriars Close, Old Catton, Norwich, Norfolk NR6 7DX
1.2 Contract: Any contract for the sale of Goods or Services by the Company to the Customer.
1.3 Customer: The customer who purchases the Goods from the Company.
1.4 Goods: Any goods or services listed on the Order Acceptance.
1.5 Order Acceptance: An acceptance by the Company of an order placed by the Customer. This may take the form of an invoice.
1.6 Order Acknowledgement: An acknowledgement by the Company of an order received from the Customer. This does not imply acceptance of the Order.
2. The Contract
2.1 Any order placed by the Customer for Goods advertised by the Company is an offer by the Customer to purchase those Goods.
2.2 If the Company accepts the Customer’s order, the Company will send an Order Acceptance or an invoice before dispatching the Goods. No Contract exists between the Customer and the Company until the Company sends an Order Acceptance or invoice to the Customer.
2.3 The Company reserves the right to cancel the Contract if payment for the Goods is not received from the Customer in cleared funds in accordance with item 5.3
2.4 The Contract is subject to the Customer’s statutory right of cancellation in accordance with the Distance Selling Regulations (DSRs). See item 9 below.
3.1 The quantity and description of goods shall be as set out in the Company’s Order Acceptance or invoice.
3.2 All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
4. Variation to design specification
4.1 If the Company, for reasons beyond its control, is unable to supply a particular item, then the Customer will be informed and will be offered an equivalent or superior product of similar value.
5. Price & Payment
5.1 The price of the Goods is the price stated on the Order Acceptance or invoice.
5.2 Payment may be made by any method agreed between the Company and the Customer.
5.3 The payment terms are stated on the invoice and may only be changed if the Company agrees to the change.
5.4 No payment shall be deemed to have been received until the Company has received cleared funds.
5.5 Where payment is made by cheque, the Company reserves the right to delay dispatch of the Goods until receipt of cleared funds.
6.1 Delivery shall be to the address agreed between the Company and the Customer.
6.2 The Company offers next-working-day delivery throughout most of the UK mainland for orders accepted Monday to Friday. Outlying areas might take up to three working days.
6.3 Any dates specified by the Company for delivery of the Goods (including at 6.2 above) are intended to be an estimate and time for delivery shall not be of the essence.
6.4 Where it is agreed that the Customer shall collect the Goods, they shall do so within seven days of the Company giving notice that the Goods are ready for collection unless an alternative date has been agreed with the Company.
6.5 The Company shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence).
6.6 If the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions or facilities, then without prejudice to any other right or remedy available to it the Company may at its discretion either:
a) store the Goods until delivery can be completed and charge the Customer for reasonable costs incurred;
b) sell the Goods at the best readily obtainable price and pay to the Customer the proceeds of the sale less reasonable costs of storage and sale; or
c) cancel the Contract and refund the price of the Goods.
7.1 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Customer gives written notice to the Company of the non-delivery within seven days of the date when the Goods would in the ordinary course of events have been received. This written notice may be given by post, fax or email (see Contact Details below).
7.2 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time, issuing a credit note at the pro rata contract rate against any invoice raised for such Goods or refunding the purchase price of the Goods.
8.1 The Goods are at the risk of the Customer from the time of delivery.
8.2 Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
a) the Goods; and
b) all other sums which are or which become due to the Company from the Customer on any account.
8.3 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
9. Cancellation (Distance Selling Regulations)
9.1 The Customer may cancel the Contract under the Distance Selling Regulations (DSRs) at any time up to 7 working days after the day on which they receive the Goods.
9.2 A Customer who exercises the right to cancel under DSRs must take reasonable care of the Goods while in their possession and return them with the original packaging. If the Customer does not exercise reasonable care and the goods are damaged, the Company reserves the right to claim against them for breach of this statutory duty.
9.3 To cancel the Contract under DSRs, the Customer must first notify the Company by letter, fax or email (see Contact Details below) to receive return instructions.
9.4 The Customer must then return the Goods at their own expense within fourteen days of delivery.
9.5 The Company will refund the purchase price and delivery charge (but not the cost of the return carriage) within thirty days of cancellation.
9.6 If the Customer does not return the Goods as set out here, the Company shall charge them a sum not exceeding the direct cost of recovering the Goods.
9.7 For hygiene reasons, the Company will not accept return of the Bio Bidet if the installation hardware kit has been opened or if other signs of use are detected.
10. Limitation of Liability
10.1 Subject to conditions 6 and 7, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees or agents) to the Customer in respect of:
a) any breach of these conditions;
b) any use made by the Customer 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.
10.2 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.
10.3 Nothing in these conditions excludes or limits the liability of the Company:
a) for death or personal injury caused by the Company's negligence; or
b )under section 2(3), Consumer Protection Act 1987; or
c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
d) for fraud or fraudulent misrepresentation.
10.4 Subject to conditions 10.2 and 10.3:
a) the Company's 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) [the Company shall not be liable to the Customer for any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.]
11 One Year Limited Warranty
11.1 All our products are warranted to be free from manufacturing defects under normal use and service for a period of one (1) year from date of purchase. This warranty is extended only to the ORIGINAL PURCHASER. This warranty does not affect your statutory rights as a consumer.
11.2 Our obligations under this warranty are limited to repair or replacement, at our option, of products or parts found to be defective, provided that such products were properly installed and used in accordance with instructions. We reserve the right to make such inspections as may be necessary in order to determine the cause of the defect. We will not charge for labour, parts or carriage in connection with warranty repairs or replacements. We are not responsible for the cost of removal or reinstallation of the products.
11.3 This warranty does not apply to the following items:
- Damage or loss sustained in a natural calamity such as fire, earthquake, flood, electrical storm etc.
- Damage or loss resulting from any unreasonable use, misuse, abuse, negligence or improper maintenance of the product
- Damage or loss resulting from removal, improper repair or modification of the product.
- Damage or loss resulting from sediments or foreign matter contained in a water system
- Damage or loss resulting from improper installation or from installation of a unit in a harsh and/or hazardous environment.
11.4 This written warranty is the only warranty made by us. Repair or replacement as provided under this warranty shall be the exclusive remedy available to the purchaser. We shall not be responsible for loss of the product or for other incidental, special or consequential damages or expenses incurred by the purchaser, or for labour or other costs due to installation or removal, or costs of repairs by others, or for any other expense not specifically stated above. Except to the extent prohibited by applicable law, any implied warranties, including that of merchantability or fitness for use, are expressly limited to the duration of this warranty.
Warning! We will not be responsible or liable for any failure of or damage to this plumbing product or product component caused by either chloramines in the treatment of public water supply or in-tank bowl cleaners containing chlorine (calcium hypochlorite).
Note: The use of high concentration of chlorine or chlorine related products could seriously damage the fittings. This damage can cause leakage and serious property damage.
To obtain repair service under this warranty, you must first contact us (see Contact Details below) to obtain a Return Merchandise Authorisation (RMA) and return instructions.
12. Governing Law and Jurisdiction
12.1 These trading terms and conditions shall be subject to English law and the English courts shall have jurisdiction in respect of any dispute arising therefrom.
Post: Precision Design Services Ltd. Greyfriars, Greyfriars Close, Old Catton, Norwich, Norfolk NR6 7DX
Tel: 01603 426700
Fax: 08000 148670