1066 Pools Ltd Terms and Conditions of Trading
Our Contract. These Terms and Conditions govern the supply of goods, services and rentals sold and supplied by 1066 Pools Ltd (Registered in England number 06729564, VAT number 941438816) of 15A High Street, Battle, East Sussex, TN33 0AE and trading at Blackbrooks Garden Centre, Sedlescombe, Battle, East Sussex, TN33 0RJ ("we" and "us") to the customer ("you") these constitute the entire and only agreement between us in relation thereto unless added to in writing by 1066 Pools Ltd only. All orders placed are subject to acceptance by delivery of the goods or commencing of the service to you at which point a legally binding contract is constituted between us on these Terms and Conditions.
Price & Payment. The details and price payable for the goods you order is as set out on our web site and literature at the time you place your order, plus any charges for carriage, insurance and other goods / services as subsequently agreed / advised. We are not obliged to accept your order and may decline it or limit the order quantity.
Occasionally an error may occur with our web site or literature and goods / services may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
We must receive payment for the whole of the price of the goods / service you order, and any applicable charges for carriage, before your order can be accepted unless we have agreed otherwise in advance in writing.
Deposits. For those contracts not covered under Distance Selling Regulations, the consumer may cancel this agreement within seven days following the making of the contract. If you cancel the agreement after this time, then unless we are in breach of contract, we have the right to retain all or part of your deposit as a contribution towards any losses or costs we suffer as a result of the cancellation.
Delivery & Title. A delivery schedule will be agreed with you. A valid signature will be required on delivery / collection. Upon delivery / collection of the goods to / by you the goods shall be at your risk. In spite of delivery / collection having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us you shall hold the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
Availability. While we endeavour to fulfil delivery within the time agreed by ourselves, if this is not possible, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible.
Cancellation & Returns. You may cancel your order for standard goods only by giving us written notice of cancellation within seven working days of the date of delivery and only when distance selling regulations apply. Such notice must be given in writing. If there are any problems with the goods we must be given adequate opportunity to correct the problem before cancellation of the order. If you are cancelling because of any problem with the goods you must provide full written details at the time of cancellation. Cancellation is not possible for goods that have been ordered specially to your own specification.
On cancellation for whatever reason, you must return the goods to us at your cost. Goods must be adequately protected for transit and insured by you and at your cost. If the goods are being returned because they are faulty or incorrect we must be given adequate time and assistance to facilitate their return.
Limited Companies – Guarantee. Those signing the Trade Credit Account Application Form on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations. If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.
Liability. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
Our warranties are set out in product specific literature. In all cases any expenses including loss of use, labour, materials, chemicals, water, the necessity for crane (or other manual / mechanical assisted) removal, transportation charges, damages or contingent liabilities arising out of any alleged deficiencies in our supplied goods are specifically excluded.
In the case of service / warranty visits all parts of our supplied equipment must be accessible to work on; any costs, materials or labour to achieve this are specifically excluded from our warranty. If goods are to be removed the customer (you) are to make them available at an agreed time and in an accessible position. Similarly replacement goods are to be repositioned and installed by the customer. Any costs, materials or labour to achieve removal / replacement are specifically excluded from our warranty.
Termination. We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
Waste. Unless previously agreed in writing by 1066 Pools Ltd removal of waste, packaging materials and redundant objects is not the responsibility of 1066 Pools Ltd, it is the customer’s responsibility to arrange suitable disposal of such items.
Promotion. At our discretion we may place permanent promotional contact information onto products and at sites we visit. At our discretion we may also use site boards at properties. At our discretion we may take photographs of products we supply in their final location and photographs of the sites where we work. These may be used for promotional purposes both in print and in electronic format.
General. If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
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