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Reverse Osmosis, Water Deionisers, Industrial & Commercial Water Softeners, Water Filters, Demineralised Water & Exchange Cylinders

Copyright © 2006-2012 ADEPT Pure Water Limited, Wellingborough, Northants

Manufacturers of Pure Water Systems, including Reverse Osmosis, Water Deionisers, Industrial & Commercial Water Softeners, Water Filters, Demineralised Water & Exchange Cyclinders

Terms and Standard Conditions Of Contract

A. Conditions Relating to All Contracts

1. General – These terms and conditions will apply to and govern any contract between ADEPT Pure Water Limited and the purchaser. Any other terms, conditions, warranties or representations, wether made prior to, collateral with or subsequent to the contract are excluded. No additional terms of any nature put forward by the purchaser wether printed on the purchasers documents or in any other form, shall apply unless they are separately bought to ADEPT Pure Water Limited notice and express consent thereto is given in ADEPT Pure Water Limited written acceptance.

2. Contract Date – The contract shall become binding upon the parties only when ADEPT Pure Water Limited accepts an order from the purchaser in writing. Any quotation given by ADEPT Pure Water Limited shall deemed to be an invitation to treat and not an offer on the part of ADEPT Pure Water Limited.

3. Cancellation – Orders placed and accepted by ADEPT Pure Water Limited are accepted cannot be cancelled except with our consent and on the terms, which will indemnify us against loss. Goods returned without our consent will not be accepted for credit.

4. Prices – The prices quoted by ADEPT Pure Water Limited are the prices at the time of quotation only and the price to be paid shall unless the contrary appears in the agreement between parties be the standard pricing ruling at the date of delivery, at the time of installation or at the time of carrying out maintenance service referred to in the contract as the case may be. All prices are ex-works and payable in sterling.

5. Terms of Payment – Unless otherwise agreed in writing between the purchaser and ADEPT Pure Water Ltd all orders greater than £5,000.00 shall be subject to the following terms:

30% deposit immediately payable upon issue of order number quoted on the purchaser’s official letter headed paper;

30% immediately payable upon system test/client visit if applicable;

30% immediately payable upon delivery and/or installation as applicable;

10% payable on satisfactory commission and operation subject to Net 30 days from date of invoice.

ADEPT Pure Water Ltd shall issue the relevant invoices to the purchaser in accordance to the above terms.

Orders less than £5,000.00 shall be subject to strict payment terms of Net 30 days from date of invoice.

Orders placed outside of the UK will be subject to an immediate payment of 100% net cash against shipping documents based on irrevocable confirmed letters of credit through a London Clearing Bank.

6. Overdue Accounts – The purchaser shall be liable to pay interest at the rate of 3% over HSBC Bank base rate calculated on a daily basis on all overdue accounts.

7. Consequential Loss – ADEPT Pure Water Limited shall not be liable for any consequential loss or damage suffered by the purchaser howsoever caused including loss due to delay, loss of production, loss of profits, loss or damage to other property or goods and death or injury to persons.

8. Guarantee

A - ADEPT Pure Water Limited will accept for a period of twelve (12) months from the date of delivery, or where the goods or equipment are installed by ADEPT Pure Water Limited from the date of completion of installation, or where a service is being included by ADEPT Pure Water Limited from the date of such service to make good any defects in goods or equipment supplied by ADEPT Pure Water Limited which developed under proper use as a result of faulty materials or bad workmanship in manufacture, subject to the following provisions:

1. The goods or equipment have been installed by ADEPT Pure Water Limited or installed in accordance with the instructions given by ADEPT Pure Water Limited

2. The goods or equipment have at all times been operated in accordance with ADEPT Pure Water Limited or the manufacturers operating and maintenance instructions.

3. The nature of all the input services to the equipment has not changed by a significant amount.

4. There has been no exchange or modification of the goods or equipment or the parts thereof after installation without prior agreement with ADEPT Pure Water Limited.

5. None of the settings of the plant control gear (save controls designed for customer's use) have been altered without written consent by ADEPT Pure Water Limited

6. The equipment has not been misused or damaged by external force.

B - Save as aforesaid ADEPT Pure Water Limited accepts no liability for any goods provided or installation or services carried out by others.

9. Claims and Returns of Goods or Equipment

The entitlement of the purchaser to any benefit of the guarantee shall be subject to the following conditions:

a. That any complaint shall be notified in writing to ADEPT Pure Water Limited in the case of alleged defects within twenty-one (21) days of the date of the alleged defect arising or being discovered by the purchaser and in any event not later than twenty-one (21) days after the expiration or the guarantee period.

b. That the purchaser shall prove to ADEPT Pure Water Limited satisfaction that the alleged defect is one covered by one or more of the provisions of guarantee and ADEPT Pure Water Limited shall have sole discretion whether the equipment or the part in question should be made available for inspection by ADEPT Pure Water Limited representative at the purchaser's premises or whether the same should be returned at the purchaser's cost and risk to ADEPT Pure Water Limited. The purchaser shall also be responsible for all costs of redelivery of an alleged defective part after examination and/or repair by ADEPT Pure Water Limited unless ADEPT Pure Water Limited in its discretion shall otherwise decide.

c. Not withstanding the foregoing permission in writing from ADEPT Pure Water Limited must be obtained before any goods or equipment are returned.

10. Jurisdiction

These terms and conditions of sale shall be subject to and continued in accordance with English Law

B. Conditions Relating to Supply and Installation of Goods

1. Delivery – Every endeavour is made to deliver on or before the estimated date of delivery but no responsibility or liability will be accepted by us for delay caused in whole or in part by strikes, lock-outs, works breakdown, fire shortages of materials or labour, inabilities of sub-contractors, delay in approval of engineering drawings or any other event of whatsoever nature. When the price includes the cost of delivery to the purchaser's premises or nominated site clear access or space for receiving the goods or equipment shall be provided. ADEPT Pure Water Limited shall not be responsible for offloading or putting goods and equipment into place unless this is expressly specified and agreed.

2. Storage – If ADEPT Pure Water Limited did not receive forwarding instructions sufficient to enable them to despatch the goods or equipment fourteen (14) days after the date of notification that they are ready to despatch, the purchaser shall accept delivery when tendered or arrange storage, ADEPT Pure Water Limited shall be entitled to arrange storage either at their own works or elsewhere on the purchaser's behalf and notify the purchaser of al charges for storage, insurance and conveyance which shall be the responsibility of and invoiced to the purchaser.

3. Damage in Transit – ADEPT Pure Water Limited will only be responsible for damage or deterioration in transit when the contract price includes the cost of delivery to the purchaser's premises or nominated site and even in that event only if the purchaser notifies ADEPT Pure Water Limited of such damage within ten (10) days of delivery.

4. Installation, Testing and Inspection – In cases where ADEPT Pure Water Limited did not install the goods or equipment they will be prepared to give written advice about installation. If the presence on site of a representative of ADEPT Pure Water Limited is required for installation and/or commissioning ADEPT Pure Water Limited shall be entitled to charge thereof in addition to the contract price. In cases where the contract prices includes the cost of installation and/or commissioning and this is delayed without default on the part of ADEPT Pure Water Limited any additional cost to ADEPT Pure Water Limited on the installation or commissioning caused by the delay shall be paid in full by the purchaser in addition to the contract price.

5. Passing Of Risk – The risk in goods shall pass to the customer when the goods are available and tendered for delivery.

6. Title – Irrespective of any provisions in the contract of these conditions as to risk, all goods and equipment sold shall remain the property of ADEPT Pure Water Limited until these conditions have been filled and ADEPT Pure Water Limited has been paid in full thereof. The purchaser shall not endeavour to dispose of or mortgage or charge or lend or part with possession of the goods and equipment other than in accordance with the agreed payment terms without the express consent of ADEPT Pure Water Limited. In the event of the customer selling the goods they shall hold the goods until sale and gross profit of sale upon trust for ADEPT Pure Water Limited and shall until payment keep funds in a separate designated account.

C. Conditions Relating to Provision of After Sale Service

1. Site visits will take place at the intervals specified in ADEPT Pure Water Limited quotation or service contract proposal and ADEPT Pure Water Limited undertakes to give prior notice to each visit.

2. In addition to the cost of the service as specified in the quotation or proposal and clause A4 hereof an extra charge will be made for materials used during the visits and where applicable an extra charge will be made for hotel accommodation and any other expenses incurred.

3. The prices herein referred to are based on service work being carried out during normal working hours during Monday to Friday inclusive but excluding Bank Holidays. ADEPT Pure Water Limited shall be entitled to make additional charge in respect of any service work carried out outside these hours.

4. On satisfactory completion of each service visit ADEPT Pure Water Limited representative will provide for signature a report which the purchaser shall ensure is signed by a duly authorised person.

5. The service contract work to be carried out shall be in accordance with the particulars and specification which are attached to ADEPT Pure Water Limited quotation or proposal.

6. The service contract shall continue unless terminated by either party giving not less than three (3) months previous notice in writing to the other.

7. The service contract charges are related to the labour and consumables only which have been detailed in the service contract. Any additional labour or parts which my be needed due to breakdown or other unit/system failures will be quoted for and charged for under a different order number unless requested by the purchaser in writing.

ADEPT Pure Water Systems Reverse Osmosis, Water Deionisers, Industrial & Commercial Water Softeners, Water Filters, Demineralised Water & Exchange Cylinders