BRODEX TERMS AND CONDITIONS OF SALE
FORM OF CONTRACT
The term “Company” shall mean Fluid Science Limited and the term “Customer” shall mean any person, firm or company seeking to enter into an agreement with the Company for the purposes of the supply of goods or services.
Unless expressly stated to the contrary, these conditions shall apply to the Agreement entered into between the Company and the Customer.
Unless a greater period is stated, the quotation acceptance period is 28 days from the date of issue, after which it is at the sole discretion of the Company to determine whether to hold open the offer or to re-quote.
ACCEPTANCE
All orders shall be subject to satisfactory investigation into the credit status of the Customer and final acceptance by the Company. Payment terms may be varied should the credit status of the Customer be unsatisfactory to the Company.
CANCELLATION
Orders may only be cancelled with the written agreement of the Company. The Customer shall be liable for all costs, however so incurred by the Company, arising from the progressing of the Works prior to cancellation. Items sold wrongly at price or stock levels may be cancelled with refunds issued with immediate effect. A credit note to the value of the refund will be placed on the customer’s account for further use.
PAYMENTS
When credit / debit card details are taken they will be processed immediately even if the goods have not due to leave our premises. The card details are then destroyed for security reasons.
PRICE
All prices are EXCLUSIVE OF VAT. Which will be added to the quoted prices at the appropriate rate pertaining to the relevant tax point.
DISPATCH
DELIVERY
In all cases delivery periods quoted will be calculated from the date which the Company receives payment/approval.
The signatory of any delivery note acting on behalf of the Customer or his agents shall be deemed conclusive proof of delivery and acceptance by the Customer of the goods therein listed.
The Company reserve the right to deliver in instalments, each such instalment shall be construed as constituting a separate agreement to which all of the provisions of these conditions shall apply.
The Company cannot accept responsibility for late delivery due to courier delay. Nor does accept any consequential loss liability for delivery delays.
The Company cannot accept liability for goods delivered to third party addresses or goods left in unsecured locations. All goods should be signed for accordingly and will deliver to nominated secure addresses according to the customer’s instructions.
EXPORT
The payment of all import duties, taxes, charges and assessments and the obtaining of any necessary Export and Import Licenses in respect of the goods is the sole responsibility of the Customer and the Company shall be under no liability whatsoever to the Customer in respect of goods exported without the necessary export and import licences.
Terms of shipment shall be all as the Incoterms current at the time of despatch. Unless otherwise stated to the contrary airfreight of shipments is excluded from the price
TITLE
Title in the goods shall not pass to the Customer until the goods have been paid for.
FORCE MAJEURE
If the Company is prevented or delayed from performing any of its obligations under any contract to which these conditions apply by any cause outside its control, it shall be under no liability whatsoever to the customer and shall be entitled either to cancel the contract or to extend the time or times for delivery or installations.
SYSTEM WARRANTY
We guarantee our design, material and workmanship for a period of 24 months from the date of delivery or date of installation if carried out by the Company, subject to the clauses mentioned below.
It is essential for routine maintenance to be carried out commencing 3 months following the date of installation. Failure to carry out maintenance in accordance with recommendations will invalidate the warranty.
Should any defect in the goods become evident within this period we undertake to repair or replace the defective part. At the end of the 24 month period all further liability on components and workmanship will cease.
This agreement shall not be deemed to cover repairs or replacement or adjustments which may be required as a result of wilful or accidental damage or misuse, improper lubrication or neglect or any other cause beyond our control or by faulty installation by others.
Our liability shall be limited to making good any defect and we cannot accept responsibility of any kind beyond such replacement.
The Company will not permit set offs from accounts that relate to either, claims which the Company have advised the Customer in writing of the reasons for the non-agreement or which do not relate to costs already incurred and advised in writing seventeen days before an invoice is due for payment.
All repairs under our 2 year guarantee, if required, must be undertaken at our production facility in Kirkby, Liverpool.
Charges will not be accepted for any repairs made without the knowledge and sanction of The Company.
Any “fitness for purpose” liability is dependent upon the Company receiving full knowledge of the intended use and a written specification.
Excludes consumable items: Resin, Pre Filters, Membranes, Male/Female Fittings, Hose Reel Hoses, Brush Heads, and all Hose Reels*.
*Hose Reels are covered up to a 12 month manufacturers guarantee.
QUALITY/GUARANTEE
Any goods deemed to be defective and must be returned to the Company prior to any replacement’s being issued. The cost of carriage is to be borne by the customer and proof of delivery is required. Once the fault has been evaluated (usually within 24 hours of receipt) and found to be defective the replacement item, if in stock, will be sent out, should the item required need priority treatment eg. Prior to return of faulty goods a payment must be prior to receipt of the goods. The payment will be refunded should the goods found to be defective.
The Company cannot accept any liability for any consequential loss incurred by customers due to inherent defects of goods supplied. The Company will undertake to replace any goods in the shortest time period possible, or supply equivalent quality goods accordingly.
Customers are responsible for checking delivered items for damage or missing parts. Subsequent claims cannot be considered.
Wear and tear is not covered under the warrant, the assessment of suspected wear and tear damage must be carried out by our staff at the Company premises.
Items that show signs they have been forcefully broken or damaged by impact or excessive force will not be covered under the warranty.
Any modification to equipment supplied by the Company without their prior consent or agreement automatically invalidates the warranty.
Any goods purchased from the Company to be used in a DIY project or outside the normal specified application, will invalidate the warranty.
All water based systems are vulnerable to frost damage and it is the customer’s responsibility to ensure that no part of the equipment supplied is left unprotected in freezing conditions. Frost damage is not covered under the warranty,
REFUNDS
Refunds for equipment will only be made when:-
The goods have been returned to the Company and are without any damage
Assessment has been made and deductions applied for wear & tear, damage and general condition
A restocking charge of 20% will be for unwanted goods returned in their original protective packaging and without damage. The Company accepts no carriage charges for returns
Refunds are made by credit note only which will be placed on the customers account.
LIMITATION OF LIABILITY
The Company reserve the right to change without prior notice any price or specification appearing in any published document on or offline
All membranes are subject to the water chemistry of the feed water and are only fundamentally a filter. They will become blocked at varying degrees by minerals from first day of usage. Volume of water, frequency of flushing, pressure, temperature and exposure to freezing all have massive influences on the membranes performance. The Company does not guarantee their performance once they leave the factory.
Spares are available to purchase. It is advisable to hold a set of pertinent spares to avoid down time.
PROPER LAW
Unless otherwise agreed the Agreement shall be subject to English Law.