Terms and Conditions
1.1 In these Conditions:
“Buyer” means the individual firm company or other party from whom an Order to supply Goods and/or provide Services is received by the Seller,
“Conditions” means the standard terms and conditions of sale of the Seller as set out herein and includes any additional terms and conditions of sale agreed by the Seller,
“Contract” means these Terms & Conditions together with the Contract products (Goods) pricing guide supplied separately by the Seller to the Buyer or any invoice/ quote sent to the Buyer for the purchase of Goods by the Seller.
“Goods” means the goods (including packaging where relevant), which the Seller is to supply under the Contract,
“Order” means an order placed by the Buyer for the supply of Goods and/or provision of Services whether verbally or in writing, and as such to be invoiced to the Buyer from the Seller where payment is due.
“Seller” means New Water Generation Ltd and any subsidiary or holding company or associate (as defined in the Companies Act 1985 (as amended)) of the said company,
“Services” means the work or services of any of them to be provided by the Seller under the Contract and as stated in the invoice from the Seller to the Buyer.
Words importing the singular number shall include the plural and vice versa, words importing one gender shall include all genders, and words importing persons shall include bodies corporate, unincorporated associations and partnerships.
1.2 The Buyer shall not be entitled to assign the benefit of the Contract without the consent in writing of the Seller. The Buyer may only sell the Goods in the pre-agreed retail outlets including pre-agreed online e-commerce websites.
1.3 If at any time any one or more of the provisions or part thereof of these Conditions becomes or is or is held by a court to be invalid, illegal or unenforceable in any respect under any law, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
1.4 No Order shall be binding on the Seller unless and until it has been acknowledged in writing by the Seller or the Goods are delivered or the Services are provided by the Seller to the Buyer pursuant to the Order. Any acknowledgement of an Order by the Seller is subject to availability of the relevant Goods.
1.5 These Conditions are incorporated in the Contract and contain the entire obligations between the Seller and the Buyer. In the case of any inconsistency between any letter or quotation incorporating or referring to these Conditions and any Order, letter or form of contract sent by the Buyer to the Seller, whatever may be their respective dates, the provisions of these Conditions shall prevail. In the event of the Seller entering into the Contract without the Seller having submitted a written quotation or other letter or document incorporating or referring to these Conditions but in circumstances where the Buyer has had prior notice of these Conditions then all Goods supplied and/or Services provided shall be subject to these Conditions.
1.6 No variation of the Contract of the Buyer shall be binding upon the Seller unless made in writing and signed on behalf of the Seller.
1.7 Any representations or warranties made by or on behalf of the Seller prior to the Contract (whether verbally or in writing) are hereby expressly excluded and shall be of no effect.
1.8 Any figures, statements, descriptions, illustrations, photographs, drawings, weights or any other matters contained in the Seller’s or any other catalogues, pamphlets, price lists or advertising literature are not guaranteed to be accurate and are intended merely to represent a general picture of the Seller’s or any other products and services and shall not form part of the Contract nor be regarded as a warranty or representation relating to the Goods or Services
2. DESIGNS AND INTELLECTUAL PROPERTY
2.1 Where Goods are made or supplied to the Buyer’s own specification, pattern or design or where standard goods of the Seller are altered in accordance with the Buyer’s instructions:
2.1.1 the Buyer warrants and undertakes full responsibility not only for the suitability and fitness of the specification, pattern or design but also that such specification, pattern or design does not infringe any patent, trade mark, registered design, copyright or any other proprietary right of any third party and the Buyer shall indemnify and keep the Seller indemnified in full against any loss, damage or expense whatsoever (including costs) which the Seller may incur in or arising from the performance of the Contract by reason of any infringement of any such patent, trade mark, registered design, copyright or any other proprietary right; and
2.1.2 the Buyer acknowledges that the Seller shall be under no liability of any description to the Buyer if the Goods prove to be unsuitable for whatever reason for application or use notwithstanding that the Seller may, at the request of the Buyer, have given in good faith technical or other advice in relation to the proposed application or use of the Goods and the Buyer shall indemnify and keep indemnified the Seller in full against any and all liability of any kind arising out of or connected with the application or use of the Goods in accordance with the Buyer’s specification, pattern or design or otherwise
2.2 The Seller reserves the right to change the Buyer’s specification, pattern or design as required to ensure that the Goods comply with any health, safety or other statutory requirement or provision and no such change by the Seller will constitute a breach of contract or impose upon the Seller any liability whatsoever
2.3 In the event of any goods, materials or other property being supplied by or on behalf of the Buyer to the Seller for carrying out the Contract such items shall remain at the Buyer’s risk at all times whilst they are in the Seller’s premises or in transit to and from its premises or otherwise under its control. The Seller, its servants and agents will not be responsible for any loss thereof or damage thereto unless such damage or loss is due directly to the negligence of the Seller, its servants or agents and in any event the Seller’s liability therefore shall be limited at the option of the Seller to the replacement or repair thereof or the payment to the Buyer of the open market value thereof. Under no circumstances whatsoever will the Seller be liable for any indirect or consequential loss or damage arising there from.
2.4 Unless otherwise agreed in writing, the Seller will be the sole owner of all inventions, formulations, patterns, designs or other similar items and the copyright in all documents and drawings made or produced by it in preparing a quotation for the Buyer or in the course of work on any Contract with the Buyer
3.1 The time for performance of the Contract by the Seller shall not be of the essence of the Contract, the Seller’s failure to so deliver and/or provide by the due date(s) shall not constitute a breach of Contract and the Seller shall not in any circumstances be responsible for any direct or consequential loss or damage of any kind whatsoever resulting therefrom. The Seller may wholly or partly suspend deliveries of Goods and/or provision of Services and the Buyer shall accept late delivery of such Goods and/or provision of Services unless the Buyer has cancelled the Contract in accordance with the provisions of Condition 6.2.
3.2 Shipping Times: All orders placed before midday on a business day are shipped next business day, Monday to Friday. All shipping times are based on shipping locations within Europe. England, Wales – 1-2 working days from date order placed. Highlands and Islands – 3-4 working days from date order placed. Europe – 3-5 working days. All orders are shipped from our Distribution Centre in England.
4. QUANTITIES INSTALMENTS AND STORAGE
4.1 Where Goods are delivered and/or Services are provided by instalments each instalment shall be deemed to be sold under a separate Contract and no default in respect of any one instalment shall affect due performance of the Contract as regards other instalments. All items backordered will not be processed and must be re-ordered.
4.2 The Seller will endeavour to deliver the quantity of Goods ordered. If there is a surplus or shortage of Goods which is so slight that it would be unreasonable for the Buyer to reject delivery of them the Buyer shall be deemed to have accepted the Goods and shall pay for the actual quantity delivered.
4.3 The Buyer shall indemnify and keep indemnified the Seller in full against all costs, losses, damages and expenses whatsoever arising in connection with the storage of the Goods if the Seller shall be prevented from delivering any of the Goods in accordance with the Contract as a result of delay or default on the part of the Buyer or any reason beyond the Seller’s reasonable control. The Seller shall be entitled in its absolute discretion and without giving prior notice to the Buyer at the expiration of 3 months to sell or otherwise dispose of Goods kept in storage.
4.4 For Wholesale Minimum order is ¼ pallet (not including shipping & handling). All orders under ¼ pallet are subject to a shipping fee. Orders may be placed by calling our Order Hotline number XXX or by email to email@example.com
5. PRICE AND TERMS OF PAYMENT
5.1 The Seller shall be entitled to adjust the Contract price of the Goods and/or Services whether before or after the making of the Contract in the event of any variation in the cost to the Seller of supplying the same or any part thereof caused by any reason whatsoever beyond the control of the Seller and the Seller’s written certificate of such variation shall be conclusive evidence of such variation and the extent thereof. All prices are subject to change without notice.
5.2 Unless otherwise agreed the price shall be due and payable on or prior to delivery of the Goods and/or completion of the Services or on sending notification that the Goods are in a deliverable state.
5.3 If the Buyer does not pay the whole or any part of the price on the required day then the Buyer shall pay to the Seller interest on the amount outstanding from the required day until the actual date of payment at the rate of 5% p.a. over the base rate of Barclays Bank plc from time to time in force which shall accrue on a daily basis. The Buyer shall forthwith on request by the Seller reimburse the Seller any bank charges incurred or suffered by the Seller as a result of any cheque given by the Buyer failing to be met on first presentation.
5.4 So long as any payment due from the Buyer to the Seller is outstanding, whether under the same or any other Contract or transaction, the Seller shall have a general lien on any Goods and any other property of the Buyer in its possession. The Seller shall be entitled on the expiration of not less than 14 days notice in writing to the Buyer to dispose of such property and to apply the proceeds towards satisfaction of such debts.
5.5 The Buyer shall not be entitled to withhold payment of any amount due to the Seller by reason of any disputed claim by the Buyer in connection with the Contract nor shall the Buyer be entitled to set off against any amount payable under the Contract to the Seller any amount which is not then due and payable by the Seller or for which the Seller disputes liability.
5.6 Any discount or retrospective bonus granted by the Seller to the Buyer is discretionary and may be withdrawn at any time at the Seller’s option and is in any event subject to satisfactory payment by the Seller.
6. SUSPENSION AND CANCELLATION
6.1 If satisfactory references on the Buyer are not provided within seven days of a request therefor by the Seller or the Buyer shall commit any breach of the Contract and fail to remedy the same within 7 days of receiving the Seller’s request in writing so to do or any distress or execution is levied upon any goods or property of the Buyer or the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration Order or (being an individual or firm) becomes bankrupt or (being an incorporated company) passes a resolution for winding up (otherwise than for the purpose of amalgamation or reconstruction), or a Court makes an Order to that effect, or an encumbrance takes possession, or an administrative receiver or receiver is appointed, of any of the property or assets of the Buyer, or the Buyer ceases, or threatens to cease, to carry on business or is unable to pay its debts within the meaning of section 123 Insolvency Act 1986, or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly, the Seller may: (a) stop any Goods in transit and suspend further deliveries and/or (b) suspend work on the Contract and/or (c) determine the Contract forthwith; and if the Goods and/or Services, or any part of them have been delivered and/or provided but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
6.2 In the event of the Seller other than in any of the circumstances set out in Condition 6.1 being prevented or hindered from completing the Contract either wholly or in part in accordance with the terms thereof for any reason beyond its reasonable control then further performance of the Contract shall be suspended for the period during which the Seller is so prevented provided that in the event of the Contract being suspended for a continuous period of more than 3 months then either party may give the other notice to terminate the Contract forthwith and in such circumstances the Buyer shall pay for all Goods supplied and/or Services provided to the date of such termination such payment to be made on or before the last day of the month following the month during which termination was effected. The Seller shall be under no liability whatsoever to the Buyer for any direct or consequential loss or damage suffered by the Buyer as a result of the Seller’s inability to perform its obligations under the Contract in these circumstances.
6.3 The Seller’s rights contained in Condition 9 shall continue beyond the discharge of the parties’ primary obligations under the Contract consequent upon its termination.
6.4 The termination of the Contract for whatever reason will be without prejudice to the rights and duties of either party accrued prior to termination.
6.5 All Orders returned will be subject to an administration fee for restocking and additional charges unless under separate agreement by our sales staff.
7. CLAIMS FOR DAMAGE IN TRANSIT/DEFECTS
7.1 No claims for non-delivery or shortages in quantity of units delivered, defective Goods, partial loss or damage to Goods will be accepted by the Seller unless: (a) they are notified in writing by the Buyer to the Seller on delivery (in the case of shortage in quantity of units delivered, by the Buyer indicating the shortage on the delivery documents) or within 2 days after the Date of Delivery (in the case of partial loss or damaged Goods) or 14 days after the Date of Delivery (in the case of defective Goods) or 3 days after the date of the invoice (in the case of non-delivery) and (b) the Goods in respect of which a claim is made together with the packaging are preserved intact as received for a period of 21 days from notification of any such claim and the Buyer permits the Seller or its servants or agents full and free right of access to inspect the Goods and investigate the claim. Section 3 Sale and Supply of Goods Act 1994 shall not apply.
8.1 In substitution for all and any other rights which the Buyer might or would have but for these Conditions, and subject to Condition 7, the Seller shall make good by replacement any damaged or defective Goods and shall repair any failure in the Services which, under conditions of proper use and maintenance, results from defects in the Seller’s manufacture, design, materials or workmanship and which appears not later than 3 months after the Date of Delivery.
8.2 Notwithstanding the provisions of Condition 8.1, in the case of a claim falling within Condition 8.1, the Seller reserves the right at its sole discretion to credit the Buyer in full the price paid by the Buyer to the Seller.
8.3 The Seller’s liability under this Condition shall automatically cease if. (a) the Buyer is in breach of this or any other contract made with the Seller; or (b) the Seller or its servants or agents are denied full and free right of access to the allegedly defective Goods and/or Services; or (c) the Goods have been treated improperly or in a way which has contributed to the defect (whether before or after a defect is detected); or (d) the Goods undergo any processing by the Buyer.
8.4 The warranty set out in condition 8.1 shall be in lieu of any warranties conditions or undertakings whether express or implied by statute, common law or otherwise howsoever which warranties, conditions and undertakings are hereby expressly excluded, except that such exclusions will not apply to any implied condition that the Seller has or will have the right to sell the Goods when property is to pass.
8.5 Save as provided in Condition 8.1 and 8.5, the Seller shall not be liable to the Buyer for any direct, indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses, or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the Contract.
8.6 In the event that notwithstanding the other provisions of these Conditions the Seller is found liable for any loss or damage suffered by the Buyer, the Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of the contract shall be limited to the price of the Goods and/or Services paid by the Buyer to the Seller.
8.7 Where the Goods are sold under a consumer sale (as defined by the Sale of Goods Act 1979) the statutory rights of the Buyer are not affected by these conditions.
9. TITLE TO GOODS AND RISK
9.1 Full legal and beneficial ownership of the Goods shall be retained by the Seller notwithstanding that the risk in the same shall pass to the Buyer at the time of delivery until the Seller has received payment in full in respect of (a) the Goods and (b) all other sums which are or which become due and owing by the Buyer to the Seller on any account whatsoever
9.2 If payment is not made when due, the Seller shall be entitled to enter upon the premises of the Buyer for the purpose of removing the Goods using such force as is reasonably necessary for such purpose
9.3 The Seller will have the right to maintain an action against the Buyer for the price of the Goods notwithstanding that property in the Goods has not passed
9.4 The risk in the Goods shall pass to the Buyer at the time of delivery. Notwithstanding the reservation of title contained in Condition 9.1, the Buyer shall insure the Goods, and/or any products made wholly or partly therefrom for the full amount of the price payable under the Contract from the time of delivery of the Goods until the date title in the Goods passes to the Buyer pursuant to Condition 9.1.
10.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
10.2 Any notice given pursuant to Condition 10.1 shall be deemed to have been served if delivered by hand, on the first business day following delivery; if sent by post, on the third business day after posting if the address of the recipient is in the country of despatch, otherwise on the tenth business day after posting; if sent by facsimile transmission, on the first business day following successful transmission.
11.1 These Conditions and each and every Contract made pursuant to them shall be governed and construed in all respects in accordance with the laws of England and the Seller and Buyer herby agree to submit to the exclusive jurisdiction of the English Courts
New Water Generation Ltd recognises the importance of protecting the personal data of our customers (e.g. identification data) as well as financial information (e.g. credit card number). For this reason New Water Generation Ltd adopts specific policies and security measures to protect your personal data.
We inform you that New Water Generation Ltd does not collect personal data (and consequently does not accept online orders) from anyone under the age of eighteen. We kindly ask those who are under the age of eighteen to not proceed with the insertion of their personal data (and to not proceed with the online purchase) and to ask adults to proceed with the required procedures.
12.1. What Information New Water Generation Ltd Collects?
12.2. How New Water Generation Ltd Uses Information You Provide?
Customers who choose to register with our website and expressly provide New Water Generation ltd with their consent will receive, via electronic communication, announcements of new product, new content and any events. At any time customers may choose to unsubscribe with New Water Generation Ltd and the company will no longer deliver New Water Generation communications to that electronic address.
12.3. Does New Water Generation Ltd Share Your Information With Others?
New Water Generation Ltd uses appropriate security measures to protect the information you give us. However, while we take all reasonable steps to protect your personal information, you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach of security unless this is due to our negligence.
12.5. About Cookies
12.7. Contact Us
13. ONLINE PURCHASES DATA AND PROMOTIONAL ACTIVITIES
With reference to the data related to online purchases of New Water Generation Ltd products and the sending of promotional material. Without prejudice of the above mentioned principles regarding the navigation and registration data, we wish to inform you about the following:
13.1. Data source
The personal data collected by New Water Generation Ltd has been directly provided by you in order to proceed with online purchases on this website. If the personal data may change, please write to the below mentioned address and communicate the modifications in order to enable us to keep your personal data updated.
14. DATA PROCESSING SERVICES
14.1 The personal data you provide may be processed by New Water Generation Ltd for the following purposes:
a. to proceed with your purchase request, with reference to the fulfilment of your online order and required accounting and fiscal activities;
b. management of correspondence and service communications with you;
c. verification that the data provided for the transaction is complete, valid, correct, and clear of fraudulent markers;
Moreover, with your specific consent, your personal data, collected also in occasion of future online purchases and purchases in our stores may be used by New Water Generation Ltd to find out more about its customers (by analysing data related to your purchasing preferences for certain categories of products, the frequency of your visit or your request concerning purchased articles), for direct mailing and direct e-mailing (sending of e-cards) activities, sending you communications about our activities and invitations in order to offer you further personalised services. Moreover, New Water Generation Ltd staff will provide to you a more helpful service.
14.3. Modalities of the processing
Related to the above mentioned purposes, your data will be collected through electronic modalities, on secured systems and will be processed in both paper and electronic formats, duly protected.
Furthermore, if you consent to the insertion of your personal data in the New Water Generation Ltd Customer database, this data may be used for statistical and market analysis, and may be processed in an aggregate form or in an identifiable way.
14.4. Obligatory or voluntary nature of providing the requested data
To complete an online order a set of personal information is required. Failure or refusal to provide accurate information when requested will result in the cancelling of any pending order or the inability of the online application, and therefore the New Water Generation Ltd team, to process your request. Information that is not required will be duly noted on the screen. You may choose not to provide us with any information noted to be optional and still continue to successfully use and purchase from the www.newwatergeneration.com online shopping application.
14.5. Data communication recipients
Your personal data will be processed by Data Processors and Person in charge of the processing which are in charge of the management of the transaction.
Furthermore, if you consent to the insertion of your personal data in the New Water Generation Ltd Customer database, this data may be used for statistical and market analysis and direct marketing activities.
All electronic communications are managed by New Water generation Ltd in the United Kingdom.
14.6. Owner rights
You have the right to obtain from New Water Generation Ltd the confirmation as to whether or not personal data concerning you exist in the company database; you have the right to obtain the communication of the data in intelligible form, to be informed of the source of the personal data and the logic applied to the processing; you have the right to obtain erasure, anonymization or blocking of data that has been processed unlawfully as well as updating, rectification or, where interested therein, integration of the data; you have the right to object, in whole or in part, on legitimate grounds, to the processing of personal data concerning you.
With reference to the above mentioned processing, should you wish to exercise this rights or should you wish to receive un updated list of the data communication recipients you can contact us at firstname.lastname@example.org.
Furthermore, if you consent to the sending of promotional materials, you can object to such processing at any time, free of charge, requesting the deletion of your data from the mailing list by selecting the link unsubscribe that you will find in any communication or by writing to the Customer Services Department as indicated in above.
15. OPT OUT FROM PAPER CATALOGUE DATA
15.1. Data source
Please write to the address mentioned below to communicate any changes to your data so that our records are accurate and up-to-date.
15.2. Data processing purposes
With your specific consent, New Water Generation Ltd may process the personal data you provide for the following purposes:
a. direct e-mail campaigns in which you are sent catalogues, invitations, notices about our activities and other personalised services via e-mail;
b. management of online correspondence and service communications with you;
c. verification that the data you have previously provided is complete, valid and correct;
15.3. Processing methods
With reference to the purposes mentioned above, your data will be collected through safe electronic channels and will be processed mainly in duly protected electronic or paper-based format.
15.4. Obligatory or voluntary provision of requested data
If you wish to receive catalogues, invitations and notices about our activities it is necessary to provide the requested data. If you choose not to provide the requested data it will be impossible to initiate, manage and continue the direct e-mail service.
15.5. Data communication recipients
Your data will not be disclosed or transmitted to third parties for promotional purposes but may be communicated to third parties, including consultants who provide direct marketing and information technology services to New Water Generation Ltd, and to other companies of the New Water Generation Ltd Group, in UK and abroad.
15.6. Owner rights
You are entitled to obtain confirmation from New Water Generation Ltd for your data to be made available to you in a comprehensible format, to be told the source of the data and the principles on which processing is based; you may obtain the cancellation, transformation into anonymous format or blocking of data processed in violation of the law, updating and correction of your data, or supplement your data at your request. For legitimate reasons, you may partially or totally oppose the processing of your data.
With reference to data processing as above, you may exercise your rights to obtain an updated list of the parties to whom your data has been communicated by writing to our offices or via e-mail to email@example.com
Furthermore, you may exit from the direct e-mailing at any time by clicking on the unsubscribe link that you will find in all e-mail messages.