Definitions: “the company” shall mean Freshwater Bathrooms and tiles Ltd and “the customer” shall mean the person, firm or company named on any paperwork relating to the specific order to which these terms apply

Price: (a) All prices quoted remain open for acceptance for a period of 28 days but are subject to variation at any time to reflect variations in the company’s own costs. (b) Value Added Tax and any other duties required to be imposed from time to time shall be payable where appropriate in addition to the price

Design and Specification: It is entirely the customer’s responsibility to ensure that the kind and/or class of the goods are suitable for the customer’s purpose and market. The Customer shall not place any reliance on the company’s skill or judgement or that of its employees or agents in respect of the suitability of the goods.

The company shall not be under any liability for any loss or damage however arising from or attributable to any advice, statement or representation given by the company or its employees or agents in the respect of the goods whether regarding performance, capability or suitability  for any purpose or market or otherwise.

No director or employee or agent of the company is authorised to make any warranty or representation as regards to any of the goods. The customer agrees that it has not entered into the contract upon the basis or as a result of any warranty or representation.

The company will use its best endeavours to supply the goods to the specification submitted by the customer but cannot undertake to comply in all respects with the same if in the opinion of the company it is not reasonably practicable to do so.

Any sample seen by the customer is simply an indication of what attributes the goods should have and no warranty or representation is given or may be implied that the goods or the bulk of them will be identical to the sample in any attribute (including without limitation, colour, quality, or finish).

A degree of shading is an inherent factor in the manufacture of ceramics marble and wood. It is the customer’s responsibility to ensure that before any of the goods are affixed that they are all of one shade or produce a satisfactory blend.

Risk: The risk in the goods shall pass onto the customer at the moment when the customer signs the company’s delivery note in respect of the goods and the Company shall have no responsibility in respect of the goods thereafter. Accordingly the customer should insure the goods against such a risk (if any) as it thinks appropriate.

Retention of Title: Title in the goods supplied to the customer or any part of the goods shall not pass from the company to the customer until the price of the same has been paid to the company in full. Until title in the goods passes to the customer it shall hold the same on a fiduciary basis as bailee for the company. Notwithstanding that the goods shall remain the property of the company the customer may sell or use the same in the ordinary course of its business at full market value for the account of the company and the entire proceeds of sale shall be held in trust for them and shall not be mixed with other money or paid into any overdrawn bank account and shall at all material times be identified as money belonging to the company.

Delivery: (a) Unless otherwise specified, the customer will arrange delivery of the goods from the company’s premises subject to the following conditions:-

i) The company shall not be liable for any claim for damage to or short or non-delivery of any of the goods unless written notice shall have been given both to the carrier direct and to company at its address within (in the case of damage or short delivery) three days of the date of receipt of the consignment of the goods or (in the case of non-delivery) within ten days of the date appearing on the invoice therefor;

ii)  The customer shall give particulars sufficient to enable the company to deliver or arrange for delivery at the date or time or within the period so specified;

iii)  The customer shall be responsible for the cost of the delivery of the goods

(b) Any date or time or period specified for despatch or delivery if any goods whether contained in these conditions or otherwise, is an estimate only. In particular, but without prejudice to the foregoing, the company shall not be liable for any failure to despatch or deliver or delay in the despatch or delivery of any of the goods however caused.

(c) If any date or time or period is specified for the despatch or delivery of any goods the customer shall accept delivery or supply of all such goods in accordance with the time or date or periods so specified

(d) Where the company is only delivering products to you and is not also providing installation services we will deliver the products to the nearest entrance to the delivery address at ground floor level only. It shall be the responsibility of you the customer to get the products from that point to the part of your house or delivery address that you require them. Some of the products the company supply are large (in particular shower cabins, shower enclosures and some baths) and it may be difficult and sometimes not possible without modifications to the premises for you to get the items up small or sharp turning staircases or through small doorways. Unless the company has undertaken a site survey, it shall be the responsibility of you the customer to satisfy yourself that the access to the room into which the items are to be fitted is sufficient for the size of the product purchased and to modify the premises if necessary. We reserve the right to make a charge for any delivery which is abortive due to an act or omission on the part of you the customer.

Risk passes on Delivery: Once the company has performed delivery as set out above the responsibility for the product passes from us to you the customer including the risk of them becoming damaged. It shall be the responsibility of you the customer to inspect the goods upon delivery to ensure that they are in satisfactory condition. The Company will not consider any claims for damaged goods unless the claim has been notified to us within 3 days of delivery and provided that the fitting or installation of them has not already commenced

Availability: The agreement between us is subject to availability of the products to be sold or services to be rendered. The company shall be entitled to cancel the agreement at any time and if we do so our liability to you will be limited to us having to return any money paid to the company which we will do immediately. If payment has been made to us by somebody else on your behalf (e.g. a credit card company or a bank) the repayment shall be made to them.

Warranties: The Company shall assign so far as it is able to the customer the benefit of warranties and/or guarantees in relation to the goods which the company receives from its own supplier.

Except and in so far as the company is prevented by statute unless otherwise specified the customer acknowledges that the company gives no representation or warranty and there shall be no warranties or conditions, express or implied, whether as to the quality or fitness of the goods for any purpose whatsoever even if that purpose is known to the company or other wise

The customer will indemnify the company against each and every liability, claim, cost, damage, expense and loss which the company may suffer or to which the company would otherwise be subject arising out of the supply of the goods by the company and/or any warranty or representation or advice given by or on behalf of the company in relation to the goods except for the liability of the company for death or personal injury resulting from negligence. The indemnities hereby given shall continue in force notwithstanding any termination of the contract.

Liability: Notwithstanding anything contained in these terms, in no circumstances will the company be responsible for loss of profits, incidental expenses or any consequential loss whether direct or indirect and howsoever arisen, whether attributable to defects in the goods or delay in delivery or supply thereof or failure to deliver or supply or otherwise.

Notwithstanding anything contained in these terms, the totality of any liability of the company in relation to the contract and/or supply of the goods and/or representation, warranty or advice and/or any failure to supply or delay in supplying the goods shall be limited in total to the price therefor paid to the company by the customer.

Guarantors Obligations: (Only applicable to companies) In consideration of the company granting the facilities to the customer and in consideration of this agreement the guarantor named on any credit account application form issued by the company (and if more than one then each of them jointly and severally) agrees that he irrevocably and unconditionally guarantees to the company as primary obliger full and prompt and complete performance by the customer of all its obligations to the company and the payment of all sums due from time to time to the company and for so long as any such sum remains due or any obligation or provision remains to be performed or observed that guarantor shall pay to the company on demand any such sum and make good to them all loss damage costs and expenses arising or incurred by the company in connection with the customers failure to pay such sum or to perform or observe any obligation or provision hereof.

Credit Accounts: Where the customer has a credit account payment for the goods shall be made within 30 days of the invoice date to the customer. If payment is not received by the due date, interest on the full price will be payable on a daily basis from the due date of payment (as well after as before judgement) at the rate of 4% per annum over National Westminster PLC base rate from time to time. If you the customer are a person firm or company engaged in the business of supplying goods or services to others we may from time to time agree additional terms allowing you credit. For the avoidance of doubt the Company are not obliged to offer you any credit terms and may decline to do so. In the event that no such credit terms have been previously agreed, payment is due in advance of or upon delivery (as specified by the company at time of order). If credit terms have been agreed the company may give 30 days’ written notice to you the customer to vary or bring the credit terms to an end. In the event that you the customer breach any credit terms (either as to non payment or exceeding your credit limit) then we agree that this is a fundamental breach of our agreement and that the whole of the amount then outstanding for all goods supplied or services rendered shall become immediately due and payable in full notwithstanding the previously agreed credit terms. Please note, should the Company agree to you the customer opening a trade account with us, then the terms of payment of account shall remain as cash only until such times as the relevant credit checks have been made and the company are satisfied that you the customer can be offered credit terms.

Marble: Marble is a natural product and has a greater degree of variation to any other product supplied by the Company and this applies not only to shading but also to the pattern that is produced with such a natural product. It is impossible to get two marble products that are the same as each other in shading and/or design. You the customer are most likely to have purchased marble products from viewing a catalogue or from a display in a Company showroom. We both agree that it is accepted that any marble product the company supplies will not be the same as the one you the customer may have seen in a catalogue or showroom, but will be similar.

Site Survey: Except in cases where the company is providing installation services and as part of those services we have undertaken a site survey it is the responsibility of you the customer and not the responsibility of the Company to ensure that the products are suitable for the place you wish to install them.

Installation: Where the Company is providing installation or fixing services we shall be entirely responsible for the quality and other provisions of each service. However we often do not provide installation services; sometimes we do help you the customer to choose a person firm or company to provide you with installation services directly by giving you the contact details of one or more such persons. When and if we do this it is agreed that the Company in no way recommends the use of such a person firm or company and that all agreements for the installation shall be between you the customer and the person you may choose and the company shall have no responsibility or liability with regard to the installation or for any act or omission of the installer.

Pre Installation requirements: Where the Company is providing installation or fixing services it shall be the responsibility of you the customer to ensure that the place where the installation services are to be provided are safe and have been prepared ready for the installation works to commence. In particular, we may both have agreed separately that in addition to these terms you are to have undertaken certain works such as the provision of plumbing or electrical supply before the installation works we have agreed to do can commence. In the event that you the customer may have failed or omitted to complete any pre installation works then the Company may choose either to decline to proceed with the installation services until you have undertaken the pre installation works or alternatively the Company may be at liberty to carry out the said works at the expense of you the customer and payment will be due from you immediately upon completion of these additional works.

Terms of Payment: Save where the customer has a credit Account payment is due in full for the goods prior to the delivery of the goods. In the event that the customer cancels the order or otherwise does not take delivery of the goods no part of any deposit or part payment shall be returned or refunded.

Termination: Without Prejudice to any other remedies the parties may have against eachother either party shall have the right at any time by giving notice in writing to the other party to terminate this agreement forthwith if:-

i) The other party commits any continuing or material breach of any of the provisions of this agreement and in the case of such a breach which is capable of remedy fails to remedy the same within seven days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;

ii) A resolution is passed or a petition presented for the winding up or bankruptcy of the other party (other than for the purposes of reconstruction or amalgamation during the course of which the other party remains capable of performing in full its obligations under this Agreement)

iii) A resolution is passed or a petition presented for the appointment of or the appointment is otherwise made of a receiver manager or like person over the assets of the other party or a resolution is passed or a petition presented for the making of an administration order or any administration order is made in relation to the other party

iv) The other party makes any assignment for the benefit of or enters into any agreement or arrangement with its creditors;

v) The other party ceases business.

Re-Stocking policy: Goods are not sold on a “use or return” basis and once ordered, you the customer are liable for payment in full. At the absolute discretion of the company Directors we may (upon production of a valid sales receipt) accept the return of products delivered or the cancellation of this agreement  (or part of it) by you upon you paying a minimum re-stocking charge or cancellation fee of 20% of the invoice value of the goods. We will not however consider exercising this discretion if the goods have been damaged, modified or have in anyway been changed or altered from the condition they were in when delivered  by us or collected by you the customer or you have taken steps to start to install them or if they are of a bespoke nature. Packaging for any products we accept the return of at our absolute discretion must be in the original condition and not damaged in any way.

Storage of products: The Company will wish to make delivery of or wish you the customer to collect the products ordered by you the customer on the estimated delivery or collection date or if no delivery or collection date then as soon as the product is available for delivery or collection. If for any reason you the customer wish to postpone the delivery the company will store the product free of charge for a period of 7 days. If you the customer are not then ready to have the Company deliver the goods or you are not then ready to collect the goods at the expiry of the 7 days the Company shall continue to store the goods for a maximum of a further 28 days but the Company will be entitled to charge you the customer a fair and reasonable sum for the costs incurred which will include the storage, insurance and administration. The company will have no obligation to store the products beyond this period and you the customer will need to either take delivery of or collect the products and arrange your own storage of the products elsewhere.

Third party rights: We both agree that a person who is not a party to this agreement (in other words someone other than the Company or you the customer) will not have any rights under the contracts (Rights of third parties) Act 1999 to enforce any of the agreements we have made.

Data: The Company will collect and store personal data relating to you the customer including your name and address, telephone numbers and email details and any other personal details you may give us. You agree to us storing this information sharing it with other freshwater companies and agents and for us to use it to notify you of future products we feel we are able to provide in the future and to check matters such as your credit rating but save this for the Company will not use the information for any other purposes without your prior written consent.

Jurisdiction: This agreement shall be deemed to have been made in England and the construction validity and performance of this agreement shall be governed in all aspects by English law