1.1 These Conditions shall apply to all contracts for the supply of goods and services by Simplex Swimming Pools ("the Company") and shall override and take the place of any other terms or conditions produced or referred to by the Customer. No other terms or conditions shall be included or implied unless previously agreed upon in writing by the Company and in the event of any conflict or inconsistency between these Conditions and the terms of the Customer's order, these Conditions shall prevail
1.2 Telephone orders must be confirmed in writing. No responsibility can be accepted by the Company for inaccuracies due to orders being given by telephone.
1.3 No variation of or addition to these conditions will bind the Company or form part of any relevant contract, and no order placed may be cancelled, deferred or varied without the written agreement of an authorised representative of the Company. In the event of cancellation or variation of an order by the Customer the Company shall be entitled to be paid any costs, loss or damage incurred with regard to the order.
1.4 All quotations issued by the Company may be withdrawn at any time and shall in any event lapse after 30 days.
2.1 Each order for goods or services to be supplied by the Company shall be deemed to be an offer by the Customer to purchase the goods and/or services upon these Conditions and shall be accepted entirely at the discretion of the Company. The Customer's order must be submitted together with payment in full for the cost of the goods and/or services. If payment in full is not made at the time of the order then the Company may at its discretion accept the order if it is satisfied as to the Customer's credit. The Company will endeavour to inform the Customer if credit is not authorised but will not be liable for failure to do so.
3.1 The price of the goods shall be the price listed on the Company's website current at the date of dispatch of the goods.
3.2 All prices shown on the Company's website or any prices quoted by the Company are subject to variation without prior notice in the event of any increase in the cost to the Company which is due to any factor beyond its reasonable control.
3.3 Prices do not include the cost of carriage, installation, insurance during transit, or any taxes or other impositions or duties, all of which shall be paid for by the Customer in addition to the price and on the same terms as the price unless otherwise agreed in writing by the Company.
3.4 Prices quoted are inclusive of VAT, unless otherwise stated, which will be chargeable at the current rate and which the Customer shall additionally be liable to pay to the Company.
4.1 Subject to any special terms agreed in writing between the Company and the Customer, payment for the goods shall be made in cash net with order, and delivery shall not be made until payment has been received in full by the Company.
Any payment received by credit card will incur a transaction charge calculated as a percentage of the order value. Currently 2% as of at the 1st of February 2014.
4.2 Any grant of credit must be agreed in advance in writing by an authorised representative of the Company. Full payment is then due within 30 days of delivery.
4.3 The Company has the right to withdraw credit at any time by giving written notice to the Customer in which case all amounts due to the Company from the Customer shall become immediately due and payable.
4.4 The time of payment shall be of the essence of the contract. In the event of default in payment by the due date the Company reserves the right (without prejudice to any other right or remedy available to it) to charge interest (both before and after any judgement) on all amounts overdue at the rate of 4% per annum above Metro Bank base rate from time to time, calculated on a monthly basis (a part of a month being treated as a full month for this purpose) until payment in full is made and to suspend delivery or terminate the contract in respect of any of the goods or services remaining undelivered.
4.5 If the Customer defaults in any of its commitments to the Company or suffers any distress or execution upon its property or makes or offers to make any arrangement or composition with its creditors or has an interim order made against it under the Insolvency Act 1986, or if a receiver or administrator is appointed over all or part of its assets or a resolution or petition to wind-up its business or appoint an administrator is passed or presented, or if a Customer who is a natural person dies or becomes bankrupt, then the Company shall be entitled (without prejudice to the exercise of any other right or remedy available to it) to immediate payment of all sums then or thereafter due to the Company in respect of goods or services delivered to the Customer.
5 FORCE MAJEURE
5.1 The Company shall not be liable for any loss or damage arising from delay in production or delivery of any goods or failure to fulfil any of its other obligations to the extent that such delay or failure is caused wholly or in part by fire, strikes, lock outs, dispute with workmen, flood, accidents, delay in transport, shortage of fuel, default of supplier, inability to obtain material, embargo act, or demand of any government department or local authority as a consequence of war or hostilities (whether declared or not), or force majeure, or by Act of God, or by any other matter or thing beyond the Company's reasonable control. If any such delay or failure occurs then the period for the Company to perform its obligation shall be extended by such period as the Company may reasonably require.
6.1 Any date or time given by the Company to the Customer for the delivery of the goods is an estimate only. While the Company will always endeavour to meet dates or times given or specified by either party, no such dates or times shall be binding on the Company or form part of the contract. The Company may deliver the goods in advance of the quoted delivery date upon giving reasonable notice to the Customer.
6.2 Each delivery shall be deemed to be a separate contract for the purposes of these conditions. Failure to comply with any delivery date shall not be deemed to be a repudiation of the balance of the contract.
6.3 The Company shall arrange for the carriage of the goods to the Customer unless otherwise specified in the order acknowledgement. The goods shall be at the Customer's risk as from the moment of delivery to the Customer's premises. Notification of short deliveries or loss or damage to goods in transit must be made in writing to the Company within three working days of the date when the goods have or should have been delivered. The Company shall be under no liability therefore unless such notification is made by the Customer and confirmed by the Company.
6.4 The Company reserves the right to charge an additional fee if the Customer delays installation or delivery of the goods by more than one month after the date of installation and/or delivery requested by the Customer in its order. This fee will be based on the sales contract value of the goods in storage multiplied by a percentage equal to 4% above the Metro Bank base rate.
6.5 Unless the Company receives written notice from the Customer that delivery is to be made only to a specific person, any person accepting delivery at the Customer's premises shall be deemed to have the Customer's authority to accept the goods.
7 TITLE TO THE GOODS
7.1 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, title in the goods remains vested in the Company and shall only pass from the Company to the Customer upon full payment being made by the Customer of all sums due, on whatever account or grounds to the Company. In the event of goods being sold by the Customer in such a manner as to pass to a third party a valid title to the goods, whilst any such sums are due to the Company, the Company's right under this Condition shall attach to such part of the proceeds of sales as is equivalent to the sums due to the Company and the Customer shall place the relevant part of the proceeds of sale in a separate account.
7.2 Until such time as title to the goods passes to the Customer, the Customer shall hold the goods as the Company's fiduciary agent and bailee, and shall keep the goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as Company's property. Until that time, the Customer shall be entitled to resell or use the goods in the ordinary course of its business, but shall account to the Company for the proceeds of sale or otherwise of the goods whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Customer and third parties and in the case of tangible proceeds properly stored, protected and insured.
7.3 Until such time as title to the goods passes to the Customer (and provided the goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the goods.
7.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness the goods which remain the property of the Company, but if the Customer does so all monies owing by the Customer to the Company shall (without prejudice to any other rights or remedies of the Company) become immediately due and payable.
7.5 The Customer shall inform any sub-purchaser that the goods are sold subject to a retention of title clause and impose a clause in similar terms to the sub-purchaser providing the same rights as in this clause. The Customer accepts the right of the Company to receive payment for the goods direct from the sub-purchaser.
8.1 When installation is to be undertaken by the Company the contract price is based upon the particulars supplied to the Company. Any additional work or materials found to be necessary subsequently, which were not apparent from the particulars supplied will be charged extra.
8.2 The Customer shall give the Company all reasonable assistance to enable the installation to be completed on time.
8.3 The Customer shall be responsible for ensuring adequate access to the installation site to enable installation to take place. The Customer shall ensure that the site is ready in all respects for the installation, and has available all appropriate facilities and utilities. Where a specific completion date is required by the Customer, the Company may require access to the site outside normal working hours in which case the Company shall not be liable for any additional cost incurred by the Customer or any third parties.
9.1 Any claim by the Customer that the goods supplied do not conform to contract specifications must be notified in writing to the Company within three days of delivery. The goods in question shall not be subject to any process nor disposed of until the Company has had the opportunity to make an inspection and/or test the goods. The Customer should examine the goods upon delivery and if any items are damaged or missing should state the details on the goods received/delivery note.
9.2 If the goods upon examination are not found to be defective the Company's costs of inspection and all costs of carriage to and from the Company shall be borne by the Customer. If the goods are found to be defective, the Company shall at its option replace or repair the goods or credit the Customer with their invoiced value or part thereof and reimburse the Customer's costs of carriage and this shall be the limit of the Company's responsibility.
10 WARRANTIES AND LIABILITY
10.1 Subject as provided below in this Clause 10, the Company warrants the goods to be of satisfactory quality and that they will be free of defects in materials and workmanship for a period of one year from the date of sale of the goods by the Company. During such period subject to payment of all amounts due from the Customer for the goods having been made in full, the Company will at its discretion repair or replace free of charge goods manufactured by it which fail to perform satisfactorily during the warranty period due to defects in manufacture or materials or refund to the Customer the invoiced value (or part thereof) of the defective goods. If the goods are damaged, abused or worn from extended use during the warranty period they will be repaired as economically as possible at the Customer's expense.
10.2 The warranty set out in clause 10.1 shall not extend to parts, materials or equipment not manufactured by the Company, but the Company shall endeavour to pass on to the Customer the benefit of any warranty or guarantee given by the manufacturer to the Company.
10.3 The Company does not accept responsibility for any loss or damage as a result of :-
10.3.1 the goods having been installed, commissioned or serviced by persons other than the Company or its approved agents or subcontractors; or
10.3.2 replacement parts, additional parts or accessories having been attached to or used in conjunction with the goods (other than those approved in writing by the Company); or
10.3.3 the goods having been adapted for use or otherwise used in a way or for a purpose which does not conform with the recommendations of the Company.
10.4 In the event of any warranty claim, the Company may elect either to request the return of the goods to or to the order of the Company (all costs of carriage to be borne by the Customer) or to inspect the goods at the place of installation. If the goods returned to the Company are found to be defective, the Company shall reimburse to the Customer the cost of returning the goods to the Company. Goods may only be returned to the Company following prior authorisation by the Company.
10.5 Except as expressly stated in these conditions, all conditions and warranties, express or implied, statutory or otherwise shall be excluded to the fullest extent that the law permits.
10.6 In no circumstances whatsoever shall the Company, its employees, agents or subcontractors be liable for any special, indirect or consequential loss or damage or loss of profit or other economic loss resulting from the Company's performance or failure to perform hereunder or the use of any goods or services sold pursuant to these Conditions. Without prejudice to the foregoing, the Company cannot accept any liability for any expenses or losses incurred as a result of any interruptions in the use of the goods.
10.7 No liability shall attach to the Company, its agents or employees in respect of any representation or statement made, whether before or after agreement is reached, unless confirmed in writing by the Company. No forbearance or indulgence by the Company in enforcing any terms of these Conditions shall constitute a variation of it or a waiver of the Company's rights under it.
10.8 Except in the case of death or personal injury caused by the Company's negligence, the maximum liability of the Company under or in connection with each contract to which these Conditions apply shall not exceed the price of the goods and services supplied under that contract.
11.1 If any clause or sub-clause of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other clauses or sub-clauses and the remainder of the provisions in question shall not be affected thereby.
12.1 The Company shall not be under any liability in respect of specifications, illustrations or other matter in relation to goods contained in any material such as brochures, price lists, websites or Domestic publications, descriptive or advertising matter or delivery notes other than in respect of specifications expressly set out in the Company's acknowledgement of order. We reserve the right to modify, wholly or partially, the features or specifications including the information contained herein without prior notice.
13.1 Should a change in name or Customer company number occur then liability will remain with the Company originating that order unless and until a change in the status, name or Customer company number has been notified and approved in writing by an authorised representative of the Company.
13.2 The Customer shall not assign or delegate any duties hereunder.
13.3 The Company may subcontract any or all of its obligations hereunder without the prior consent of the Customer.
13.4 The law applicable to this contract is English law and the Customer and the Company hereby submit to the exclusive jurisdiction of the Courts of England and Wales.
13.5 As a data controller under the provisions of the DATA PROTECTION ACT 1998 Simplex Pools reserves the right to utilise the services of Credit Reference Agencies including making enquiries about companies' financial affairs and their principal directors.
Information obtained in this manner will be recorded and such records will be made available to credit reference agencies for the purpose of assessing applications for credit and the prevention of fraud.
14 RETURN & REFUND POLICY
14.1 You have 14 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.
14.2 Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies.
14.3 Certain products are non returnable. These include and are not restricted to, All Chemicals, Natural Stone Copings and paving, Pool Liners and Pool Covers, Tiled Spas and One Piece Pools as these are bespoke made to order products. For a full list of all non-returnable products, please contact us before making a purchase.
14.4 You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
14.5 If you have any questions on how to return your item to us, please contact us.
Legal Terms & Conditions of Trading.