Terms & Conditions
This price list supersedes all previous
editions. Any mistakes or typographical errors are not reasons to lodge
complaints. Every order is subject to the following sales conditions.
1. Prices
Prices shown are
inclusive of vat, the company reserves the right to modify prices, general
sales conditions at any time without prior notice.
2. Orders
All orders are subject to the Company’s approval
and are completely and tacitly subject to the following sales conditions. The
order is confirmed at the prices shown in the catalogue. Modifications to
orders communicated verbally and/or by phone, must be confirmed in writing by
the customer. A customer cannot cancel an order without the agreement from the
company; the company reserves the right to apply applicable charges. The
minimum purchase order is £100.00 excluding vat, for areas within London M25
Zone and £250.00 excluding vat, for the areas outside M25 Zone. All orders
under this value will be charged a carriage fee.
All goods once delivered will attract 25%
re-stocking charges upon return. Goods should be in its original packaging,
un-opened and un-damaged for it to be ac-cepted back as returns.
3. Delivery
The company shall endeavour to deliver the goods
by the date quoted for delivery, but such date is not guaranteed. The date
quoted shall be extended by a reasonable period if there is a delay caused for
any reason beyond the reasonable control of the company.
4. Packaging
All products are
packaged by fully trained, professional warehousing staff and leave the
premises in perfect condition for delivery.
As such Euro
Bathrooms declines all responsibility for damages arising from mishandling
during transit.
5. Compatibility
Whilst the majority of Euro Bathrooms products
are compatible with UK specifications, care should be taken on product
selection prior to ordering to avoid prob-lems arising from installation
issues. Euro Bathrooms reserves the right to make technical changes to products
at any time and modify or cancel models.
Details and dimensions are approximate;
therefore we advise no pre drilling to fit products before delivery. Euro
Bathrooms will not be held liable for fitting issues that arise if drilling is
attempted before the product is received.
6. Payment Terms
The buyer shall
pay the price of the goods not later than the end of the next calendar month
following the date of invoice relating to the goods.
All payments shall be made in full, without
deduction in respect of any counter claim. If the buyer fails to comply
strictly within the company’s terms the company shall be entitled to: Cancel
the contract or suspend any further deliveries to the buyer, any sum remaining
outstanding after the company’s terms, will be consid-ered overdue and will
attract interest payable to the company at the rate of 5% over Barclays bank
base rate, until payment is received.
7. Property Rights
Until Euro
Bathrooms has received full payment for goods the goods will remain the
exclusive property of Euro Bathrooms
8. Company’s Liability
8.1 Nothing in these Terms shall exclude or restrict
the Company’s liability
(a)
for death or personal injury resulting from the
Company’s negligence or
(b)
for fraud or fraudulent misrepresentation or
(c)
under section 2(3) Consumer Protection Act 1987 or
(d)
for any matter which it would be illegal for the
Company to exclude or attempt to exclude its liability.
8.2 The Company
warrants that, subject to the other provisions of these Terms, upon Delivery:
(a)
the Goods will be of good materials and
workmanship
(b)
the Goods will be reasonably fit for any
particular purpose for which the Goods are being bought if the Buyer had
made known that
purpose to the Company in writing and a person authorised to sign on behalf of
the Company has con
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firmed in
writing that it is reasonable for the Buyer to rely on the skill and judgment
of the Company. |
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8.3 |
In this Clause “the Defect” shall mean the condition and/or any
attribute of the Goods and/or any condition or circumstance |
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arising from any service provided by the Company and/or any other
circumstances which but for the effect of these conditions |
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would have
entitled the Buyer to damages. |
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8.4 |
The Company
shall not be liable for a breach of any of the warranties in Clause 8.2: |
(a)
unless the Defect
is discovered within 7 days of the date of Delivery and the Company is given
written notice of the Defect within 7 days of it being discovered
(b)
the Buyer makes any further use of the Goods
after giving notice of the Defect to the Company
(c)
if the Buyer fails to adhere to the terms of
payment set out in the Terms
(d)
unless after discovery of the Defect the Company
is given a reasonable opportunity to inspect the Goods before they are used
fixed or
(e)
if the Defect arises as a result of the Goods
being used for a purpose other than that specified to or by the Company
(f)
if the Defect arises from fair wear and tear;
and/or
(g)
if the Defect
arises from the Buyer’s negligence, mis-use, alteration or repair of the Goods,
failure to follow British Standard or industry instructions relevant to the
Goods, storage of the Goods in unsuitable conditions or use of the Goods in
abnormal working conditions.
(h)
All consumables
like toilet seats, flushing valves, filling valves, thermostatic cartridges,
diverters and on/off cartridge’s guaranteed for one year only due to the nature
of usage and water quality.
(i)
All LED mirrors and bath screens to be checked
upon delivery, no breakage claims or damages accepted once delivered.
(j)
MDF furniture are not guaranted for water
damages.
8.5 Subject to Clause 8.4 if any of the goods do not
conform with any of the warranties in Clause 8.2 the Company shall at its
option repair or replace such Goods (or the defective part) or refund the price
of such Goods at the pro rata Contract rate provided that, if the Company so
requests, the Buyer shall at the Company’s expense return the Goods or part of
the such Goods which is defective to the Company.
8.6 If the Company complies with Clause 8.5 it shall
have no further liability for a breach of any of the warranties in Clause 8.2
in respect of such Goods.
8.7 If the Goods are supplied manufactured or
processed to Information or a design supplied by the Buyer or as approved by
the Buyer or any third person nominating or specifying the Goods then:
8.7.1 Subject to Clauses 8.1 and 8.12 the Company
shall not be under any liability for damages howsoever caused or under Clause
8.5 of these terms as the case may be except in the event of:
(a)
fraudulent misrepresentation by the Company
(b)
misrepresentation where the representation was
made or confirmed by a person authorised to sign on behalf of the Company
(c)
non-compliance with such Information; or
(d)
breach of a written warranty signed by a person
authorised to sign on behalf of the Company that the Goods are fit for that
purpose.
8.7.2 The Buyer will unconditionally fully and
effectively indemnify the Company against all losses, damages, costs on an
indemnity basis and expenses awarded against or incurred by the Company in
connection with or paid or agreed to be paid by the Company in settlement of
any claim for infringement of any intellectual property rights of any other
person.
8.8 If the Goods are supplied by a reference to
Information provided by an authorised person on behalf of the Company then
subject to Clauses 8.1 and 8.12 the Company shall not be under any liability
for damages howsoever caused or under Clause 8.5 except in the proportion and
to the extent that such damages have resulted primarily from the Company’s
breach of contract or negligence.
8.9 The Company will not be liable under Clause 8.8
if material information is withheld concealed or misrepresented by the Buyer.
8.10 Subject to Clauses 8.1 and 8.12 the Company
shall not be liable for misrepresentation (unless fraudulent) or in contract
tort (including negligence or breach of statutory duty) or otherwise howsoever
and whatever the cause thereof for:
(a)
any financial
loss or any liability the Buyer may have to a third party or any loss of
profit, business, contracts, revenues, anticipated saving, reputation or
goodwill; and/or
(b)
any special, indirect or consequential loss or
damage of any nature whatsoever howsoever caused.
8.11 The Buyer will unconditionally fully and
effectively indemnify the Company against all losses damages penalties costs on
an indemnity basis and expenses awarded against or incurred by the Company in
connection with or paid or agreed to be paid by the Company in settlement of
any claim by any third party arising from the supply or use of the Goods. This
indemnity will be reduced in proportion to the extent that such losses damages
penalties costs and expenses are due to the Company’s negligence.
8.12 Without prejudice to any other provisions of these Terms in any event the Company’s total liability for any one claim or for the
total of all claims arising from any one act of
default on the Company’s part (whether arising from the Company’s negligence or
otherwise) shall not exceed the amount of the Contract price.
8.13 The Contract contains the entire agreement
between the Euro Bathrooms and the Buyer. The Buyer acknowledges that it has
not relied upon any statement, promise or representation made or given on
behalf of the Company which is not set out in this Contract.
Except asexpressly provided in these Terms (and except where the Goods are sold to a Consumer within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law (subject always to Clause 8.1 and save for the Conditions implied by Section 12 of the Sale of Goods Act 1979). Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the consumer are not affected by these Terms.