TERMS OF ONLINE SUPPLY OF PRODUCTS
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
Download PDF version here Terms of Online Supply of Products
- Definitions and Formation of the contract
1.1 In these Terms, the following definitions apply:
‘“Charges” means the charges for the Supplies specified in the Order;
“Contract” means the contract for the provision of the Supplies;
“Order” means the online order generated during the website checkout process, a copy of which is emailed to you after payment is made;
“Supplies” means goods specified in the Order and supplied by the Supplier;
“Supplier” means The Flood Company Commercial Ltd. (registered in England under no 7691973) of Bcl House, Pavilion Business Park, Royds Hall Road, Leeds, England, LS12 6AJ.
“Terms” means the terms and condition for the sale of Supplies set out herein.
1.2 These Terms apply to all Supplies purchased via this website and supplied by the Supplier.
1.3 The Supplier may change these terms without notice to you in relation to future sales.
- Description and price of the Supplies
2.1 The description and price of the Supplies are as set out in the Order.
2.2 The Supplies are subject to availability. If on receipt of your order the Supplies you have ordered are not available in stock, the Supplier will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.5 The Supplies are sold only for domestic and private use, and you agree not to use the Supplies for any commercial purpose unless you have written authority from the Supplier. The Supplies are not guaranteed for commercial use.
2.6 In addition to the price, you may be required to pay a delivery charge for the Supplies, as shown on the Order.
2.7 The price of the Supplies and the delivery charge are exclusive of Value Added Tax (VAT) which will be charged at current VAT rates as shown on the Order.
- Payment and Delivery
3.1 Payment for the Supplies is taken in full at the time of Order.
3.2 The Supplies you order will be delivered to the address you give when you place your Order. No deliveries are made outside the United Kingdom unless separately agreed with the Supplier in writing.
3.3 Delivery to certain areas of the United Kingdom are not available. If delivery cannot be made to your address, the Supplier will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
3.4 If there is no one at the address given who is competent to accept delivery of the Supplies, you will be notified of an alternative delivery date or a place to collect the Supplies.
3.5 Every effort will be made to deliver the Supplies as soon as possible after your Order has been accepted, and in any event within 14 days of your Order. However, the Supplier will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In the case of a delay, the Supplier will inform you as soon as possible.
- Your right of cancellation
4.1 You have the right to cancel the Order at any time up 14 days after you receive the Supplies. However, if the Supplies have been made to your specifications then you do not have a right to cancel the Order.
4.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, or email, at the address or email address shown below, giving details of the Supplies ordered and (where appropriate) their delivery. The Supplier will not accept notice of cancellation by telephone or by the use of any other method not set out above.
4.3 If you exercise your right of cancellation after the Supplies have been delivered to you, you will be responsible for returning the Supplies to the Supplier at your own cost. The Supplies must be returned to the address shown below. You must take reasonable care to ensure the Supplies are not damaged in the meantime or in transit, and you must return them in their unopened and undamaged packaging.
4.4 Once you have notified the Supplier that you are cancelling the Order and, in the case of returned Supplies, the Supplies have been received in good condition by the Supplier, the Supplier will refund any sum that has been paid by you or debited from your credit card for the Supplies within 30 days
4.5 Notices of cancellation and / or returned Supplies must be sent to the address shown in Supplier Contact Details in clause 9.
- Warranty and Liability
5.1 All Supplies sold by the Supplier are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer.
5.2 This warranty does not apply to any defect in Supplies arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
5.3 Any damage to the Supplies should be notified to the Supplier in writing within 24 hours of delivery.
5.4 If the Supplies develop a defect while under warranty, or you have any other complaint about the goods, you should notify the Supplier in writing at the address or email address shown below.
6.5 The Supplier shall not be liable to you for any loss or damage, including loss of profits or other potential loss or damage arising out of:
5.5.1 Overwhelming / overtopping flooding;
5.5.2 Impact damage;
5.5.3 Third party intervention e.g. vandalism;
6.5.4 Your failure to deploy the Supplies;
5.5.5 Your incorrect use or deployment of the Supplies.
5.6 Any flood mitigation systems implemented regardless of any report, does not guarantee the property will not have ingress of water or have damage caused in a flood situation. Flood mitigation products are designed and described as to only give the homeowner time to move valuables to a safe area and minimize the cost of damage caused. It is your responsibility to ensure that the structures, buildings and the like which are protected by the installation of the Supplies are strong enough to withstand flood damage. If this is not done the Supplier shall not be liable to you for any resulting loss or damage (e.g. without limitation) flood pressure / structural damage to contiguous walls / buildings.
5.7 The Supplier accepts no liability for any failure, shortcomings or defects howsoever arising for the Supplies provided save only that full responsibility is accepted for death or personal injury caused by the Supplier’s negligence. To the extent that this clause is found by any Court or Arbitrator to be void the Supplier will accept liability in an amount not exceeding the Supplies Order value.
- Data protection
6.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure, but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you.
6.2 The Supplier will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. The Supplier would like to notify you of products and offers that may be of interest to you from time to time. You can unsubscribe at any time by clicking the link in an email or writing to us by post or email. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Supplier at the address shown in Supplier Contact Details in clause 9.
7.1 These Terms will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the Terms.
7.2 Nothing in these Terms gives any right to any third party to enforce any provision under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Complaints Procedure
Written complaints must be sent to the address shown in Supplier Contact Details in clause 10. If using the postal service we recommend you send this recorded delivery and keep the receipt safe for your records.
- Supplier Contact Details
The Supplier can be contacted for the purposes of cancellation, returns, complaint or query by the following means unless otherwise stated herein:
By post: The Flood Company Commercial Ltd, Unit 5 Riverside Mills, Saddleworth Road, HX5 0RY
By email: firstname.lastname@example.org
By telephone: 0800 999 5355
SAMPLE TERMS OF SUPPLY, INSTALLATION AND MAINTENANCE
Download PDF version here Terms of supply, installation & maintenance
Date: sample only
Customer: sample only
Property Address: sample only
This is the contract which we, The Flood Company Commercial Limited of registered office Bcl House, Pavilion Business Park, Royds Hall Road, Leeds, England, LS12 6AJ propose to make with you, our customers (as named above).
This is an important legal document and once you sign it you will only have a limited right to change your mind. This and the detailed terms and conditions of our contract with you are set out in the attached terms and conditions which you should read carefully together with the attached invoice which sets out what we have agreed to do and at what price.
These terms and conditions tell you how you or we may end or cancel the contract and what to do if there is a problem and other important information for you. If you think there may be a mistake in any of the terms, then you should tell us straight away before you sign them. You should only sign below once you have done so.
When reading this these terms, you may find the following documents helpful. They can be found on our website at www.thefloodcompany.co.uk/terms
(a) What is included in your Standard 12-month Guarantee
(b) Details of Product Specific Guarantee Information
(c) The Annual Service Plan
I confirm that I have read and understand that this contract is legally binding.
Customer: sample only___________________________ Date: sample only________________
- THESE TERMS:
1.2 These are the terms and conditions on which we supply products. If we have agreed to install or maintain the products, then these terms and conditions also apply to those services.
- OUR PRODUCTS AND SERVICES:
2.1 We supply flood mitigation products which are intended to assist in the protection of domestic and light commercial properties from flooding. Our products cannot stop flooding or the ingress of water but are designed to help slow it.
2.2 The products and any services that we have agreed to supply to you are set out in the invoice which we have sent you.
2.3 We shall not be responsible for installing the products unless that is stated on the invoice.
2.4 We shall not be responsible for maintaining the products after the first 12 months, if you have not taken out the Annual Service Plan.
2.5 Whatever we agree to do is governed by these terms and conditions.
2.6 The images of the products in our brochures and on our website are illustrations only. There may be minor variations. Your product may vary slightly from those images.
2.7 Packaging of products may vary from that shown in images in our brochure and on our website.
2.8 If we are making the product to measurements which you have given us then you are responsible for ensuring that these measurements are correct. If in doubt you should get a professional to check them, before we order your products.
2.9 We warrant our products as set out in the Warranty at the end of these terms.
3.1 If you wish to make a change to what you have ordered please contact us. We will let you know if the change is possible and what changes to price, timing of supply or anything else which may result and ask you to confirm whether you wish to go ahead with the change(s). If we cannot make the change or the consequences of making the change are unacceptable to you, you must proceed with your original order.
3.2 We may make minor changes in the product or services which we provide in order:
(a) To reflect changes in relevant laws or regulatory requirements or standards;
(b) To make technical adjustments and improvements.
3.3 If we need to make more substantial changes we shall inform you. If you do not agree then you may ask for a refund or any price or part of the price paid for which products have not been received.
4.1 We will deliver products by the proposed delivery date which we notify to you or if we do not achieve that as soon as practicable.
4.2 If we are installing the products then we shall do so within a reasonable time of delivering them provided that you provide access for us to do so and site and weather conditions permit.
4.3 If you require maintenance after the initial 12 months, we can provide that through our Annual Service Plan, please contact us for details and the fees this.
4.4 If our supply is delayed by an event outside of our control we will contact you as soon as possible to let you know and do what we reasonably can to minimise the effect of the delay. Provided we do this; we will not be liable for delays caused by the event.
4.5 If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products or services you have paid for but not yet received. You must however give us a reasonable opportunity to make delivery first.
4.6 If you do not allow us access to deliver products or services (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result.
4.7 If we miss the proposed delivery date then you may treat the contract as at an end straight away only if you had told us before we entered into this contract that it was essential that we should meet the proposed delivery date and we either agreed to it in writing or it was obvious that it was essential from all the relevant circumstances.
4.8 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so, you can give us a deadline for delivery, which must be discussed, be reasonable and agreed, and you can treat the contract as at an end if we do not meet the new deadline.
4.9 Unless we are also installing them, the products become your responsibility from the time we deliver them. Otherwise it is when we have installed them.
4.10 You will become the owner of products once we have received payment in full. We may take back products for which you have not paid at any time before they become fixed to a property.
4.11 We may need certain information from you so that we can supply products or services. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work or cost incurred. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.12 We may have to suspend the supply of products or services to:
(a) Deal with technical problems or make minor technical changes.
(b) Update the product to reflect changes in relevant laws and / or regulatory requirements.
(c) Make changes to the product.
4.13 If we have to suspend for longer than 42 days you may cancel.
4.14 If you do not pay us for the products when you should we may suspend supply until you do pay us.
- YOUR RIGHTS TO END THE CONTRACT:
5.1 Your rights to end the contract will depend on what you have ordered, whether there is anything wrong with it, how we are performing and when you wish to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product repaired or replaced or a service re-performed or to get some or all of your money back.
(b) If you have just changed your mind about the product, then you may be able to get a refund only if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the return costs of goods.
5.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products which are not bought at our premises you have a legal right to change your mind within 14 days and receive a refund. These rights (under the Consumer Contracts Regulations 2013) are stated in more detail in these terms. Nothing in these terms restricts those rights.
5.3 You have 14 days from when you sign this contract or receive our products to cancel. You must give us notice of this.
5.4 You may also be able to cancel 14 days after you have received our products but only if the products have not been made to your specifications or specifically for you or your property.
5.5 If you cancel after we have started the services you must pay us for the services which we have already provided up until the time you tell us that you have changed your mind.
5.6 You must return any goods to us or (if they are not suitable for sending) allow us to collect them from you. You must send off the goods within 14 days of telling us you wish to cancel.
5.7 We will pay the costs of return:
(a) If the products are faulty or misdescribed.
(b) If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something which we have done wrong.
In all other circumstances you must pay the costs of return.
5.8 We will refund the price you paid for the products including delivery costs, by the method you used for payment. We may make deductions as described below.
5.9 If you are exercising your right to cancel:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a store. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you informed us in writing that you had changed your mind. The amount will be in proportion to what has been done compared with the complete service.
5.10 We will make any refunds due to you as soon as we are able. If you are exercising your right to cancel, then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your informing us in writing that you have changed your mind.
- MAINTENANCE & SERVICE:
6.1 For the first 12 months after installation, the company will cover any faulty parts or materials and labour. This does not apply if the product has been misused or damaged by the customer as it covers only reasonable use.
6.2 If you do not take the Annual Service Plan or if you have and do not allow us to carry it out, then it will mean that your products are no longer covered after your initial 12 months’ product guarantee period. The Annual Service Plan is a chargeable annual requirement. Your other rights will not be affected. For details on the Annual Service Plan contact us at email@example.com.
7.1 If you have any questions or complaints about the products, please do not hesitate to contact us Free on; 0800 9995355
7.2 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
|Summary of your Key Legal Rights:|
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website; www.adviceguide.org.uk or call: 0345 4040506.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights include the following
·Up to 30 days: if your item is faulty, then you can get a refund.
·Up to 6 months: if your faulty item cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
For services, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it within a reasonable time.
7.3 If you wish to exercise your legal rights to reject products you must either return them or allow us to collect them from you. We will pay the costs.
- PRICE & PAYMENT
8.1 The price that you must pay is on our invoice.
8.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
8.3 You must pay us in accordance with the payment terms on our invoice.
8.4 You will be liable to pay us even if you are intending to obtain the money from a third party.
8.5 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the bank base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU:
9.1 Our products cannot stop flooding but are designed to reduce its effects.
9.2 We shall not be liable for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products which are: that they are as described in the warranty and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; reasonably fit for the purpose of reducing the effect of flooding; that services are supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
9.3 Where we are supplying products only and not installing them our liability will normally be limited to replacing any defective product or part.
9.4 If we are providing services in your property, we will make good any damage to your property negligently caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
9.5 We only supply products for domestic and light commercial use. If you use the products for, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- ADDITIONAL PRODUCT GUARANTEES:
10.1 In addition to your statutory and contractual rights we provide offer an additional parts and labour guarantee beyond the first 12 months from installation date on certain of our products; provided that we install them and service them annually.
NB: If you do not have your products serviced annually by an approved installer of The Flood Company Commercial Ltd, your product guarantee will become invalid from the first anniversary date of installation as it is recommended that flood protection products are maintained annually to ensure their optimum functionality.
The price for annual servicing will be subject to reasonable increases from time to time to reflect changes in costs and inflation.
10.2 In order to qualify for additional product guarantee you should:
(a) Appoint us to service and maintain your flood mitigation products and to replace any work or broken parts (unless they were defective when supplied). Please note; full payment is required before the service can take place.
(b) Promptly inform us of any damage to the product
(c) Take proper care of the product and protect it from undue damage.
- HOW WE MAY USE YOUR PERSONAL INFORMATION:
11.1 We will use the personal information you provide to us:
(a) To supply the products to you.
(b) To process your payment for the products and
(c) If you agreed to this during the order process, to give you information about similar products that we provide, you may stop receiving this at any time by contacting us.
11.2 Where we extend credit to you we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
- OTHER IMPORTANT ITEMS:
12.1 We may assign our rights and obligations under these terms to another organisation.
12.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our additional product guarantee to a person who has acquired the property where it is installed provided that the person to whom the guarantee is transferred provides reasonable evidence that they are now the owner of the property and pay or undertake to pay the ongoing servicing charges. This can only be done if you have taken the Annual Service Plan from the first anniversary of your installation date and every year thereafter. NB: The maximum guarantee period available is five years from installation.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, except in respect of our guarantee.
12.4 Each of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English and Welsh courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Ireland or the English courts.
13.1 We The Flood Company Commercial Ltd warrant that our products have been suitably tested against the standard tests defined in Publicly Available Standard PAS-1188 (where applicable) which represents the typical conditions that might be experienced during a flood in the United Kingdom.
13.2 Our products are for use on domestic and light commercial properties of standard construction only; and are not recommended for use on rendered walls or non-standard buildings.
13.3 We The Flood Company Commercial Ltd warrant that our products when they are installed and maintained properly by The Flood Company Commercial Ltd, are effective in slowing the ingress of water into a property that is otherwise sound, properly maintained and has structural integrity.
Nothing in these Guarantees affects your Statutory Rights
Sample 12 Month Product Guarantee Certificate
(Download PDF version here 12 Month Product Guarantee Certificate)
|Installation Invoice Number: sample only|
Install Date: sample only
Customer Name: sample only
Address: sample only
Postcode: sample only
Service Invoice Number: sample only
Service Date*: sample only
*Service is due 12 months from installation date, then every 12 months from the last service when the guarantee period is being extended (the maximum guarantee period available is 5 years including the first year).
Extending this Guarantee: This guarantee can then be extended to cover the cost of faulty Parts and Labour for a further Four Years, providing Annual Servicing has been carried out by an approved The Flood Company Commercial Ltd installer. (One year at a time to a maximum of 5 years).
Transferring this Guarantee: This guarantee covers only the products installed on the property by The Flood Company Commercial Ltd. It can be transferred if you sell your property, providing you have kept up with the Annual Servicing Plan (see Annual Service Plan document for full details).
Full Terms & Conditions including Guarantees, Product Guarantees and Annual Service Plans, can be viewed at www.thefloodcompany.co.uk/terms.
This Guarantee Certificate is only valid in conjunction with a Paid in Full Invoice and reflects the Terms & Conditions detailed in the Guarantee Documents that have been provided in conjunction with this Certificate.
Nothing in this Guarantee Certificate affects your statutory rights
Standard 12 Month Product Guarantee
(Download PDF version here 12 Month Product Guarantee)
The Life of the Guarantee:
- The life of the guarantee is 12 months’ parts and labour only.
- The guarantee can be extended by a further four years’ subject to an annual service being carried out by an approved installer of The Flood Company Commercial Ltd.
What Products Does the Guarantee Apply to:
- Buffalo UPVC Doors and Windows
- Buffalo Steel Doors
- Buffalo Steel Gates
- Buffalo Composite Doors
- Hydroshield Barrier
- Buffalo HD Barrier and Buffalo Barrier
- Buffalo Wooden Doors and Windows
- Buffalo (non-return) Valve
What Does the Guarantee Cover:
- This guarantee covers any faulty parts or materials on the product for the first 12 months including labour costs. The guarantee can then be extended to cover the cost of faulty parts and labour for a further four years, providing annual servicing has been carried out by The Flood Company Commercial Ltd. (one year at a time to a maximum of 5 years).
- The mechanical components and materials of the products are covered for 5 years and if you do not take the Annual Service Plan, we would for the remaining four years of your guarantee period, supply only any faulty components, for you to arrange the fitting of at your own cost. The full life of the product is subject to regular owner maintenance and annual servicing and inspection of the products by The Flood Company Commercial Ltd, to ensure the product is in full working condition.
- This guarantee covers only the products installed on the property by The Flood Company Commercial Ltd. The guarantee can be transferred if you sell your property, providing you have kept up with the Annual Servicing requirement.
NB: We will register your products for you within 14 days of the Installation date to validate your first 12 months guarantee for you.
What Protection Does the Product Provide:
- Flood mitigation products are specifically designed to slow the ingress of water into a property.
- The Flood Company Commercial Ltd product designs are tested to the British standard PAS-1188 (where applicable) this is the benchmark for flood mitigation products in the UK.
This Guarantee Does Not Cover the Following:
- Any internal / external damage caused to the property by a future flood.
- Labour costs to replace the faulty parts or materials on the product after the first 12 months.
- The product is designed to slow the ingress of water though the aperture it is installed on. A single flood product should be used in conjunction with a suite of measures to help reduce the ingress of water and potential damage to a property. If a suite of measures has been installed and professionally maintained, the customer will be deemed to have taken all reasonable precautions to reduce the ingress of water.
- Products not installed by The Flood Company Commercial Ltd are covered only for the replacement of defective parts (excluding seals after the first year).
- If flood water is around your property for a prolonged period of time the property will most likely experience pooling and some water ingress from weak points within the fabric of the building. (Water will over a period of time find its way into a property).
- The flood mitigation products are covered for single use only.
- We will endeavour to contact you 6 weeks before you’re your Annual Service is due to make arrangements to do the service. NB: Annual Service is not compulsory but your guarantee will cease if you do not have an Annual Service completed by an installer approved by The Flood Company Commercial Ltd.
- The Annual Service fee is from £250 plus vat per annum. NB: On occasions a surcharge may need to be applied for the servicing of multiple products or if long distance travel is required to carry out the service (this is calculated on a job by job basis). Any surcharge will be discussed with the customer and confirmed in writing before the service takes place.
- Your Annual Service can only be booked after The Flood Company Commercial Ltd has received full payment for the service in advance.
- It is the homeowners’ responsibility to inform The Flood Company Commercial Ltd of any changes to contact details (telephone numbers / email address etc.)
- We warrant that our products have been suitably tested against the standard tests defined in Publicly Available Standard PAS-1188 (where applicable) which represents the typical conditions that might be experienced during a flood in the United Kingdom.
- Our products are for use on domestic and light commercial properties of standard construction only and are not recommended for use on rendered walls or non-standard buildings.
- We warrant that our products when they are installed and maintained properly by The Flood Company Commercial Ltd, are effective in slowing the ingress of water into a property that is otherwise sound, properly maintained and has structural integrity.
- Your guarantee will become void if annual servicing is not carried out on the product every 12 months from installation date. It is recommended that flood mitigation products are maintained annually to ensure their optimum functionality.
- This does not ensure the property will have zero ingress of water as there are allowable leakage rates on flood mitigation products under the British standard PAS-1188.
- It is also not deemed possible to protect against unforeseen or unpredicted flood water levels and flood water debris that may damage or overwhelm the flood products.
- Flood products are designed to reduce the ingress of flood water up to a depth of 600mm.
- It is the homeowners’ responsibility to implement and maintain the product(s) before and after a flood occurrence. The Flood Company Commercial Ltd cannot be held responsible for any consequential damage or losses caused in the event of a flood.
- The product must be kept in good order within the Guarantee period and serviced every 12 months should you wish to extend your guarantee. (The maximum guaranteed period available is 5 years from the installation date).
- The guarantee does not cover; misuse or accidental damage to; the Product, Mechanism or Seals.
- Annual servicing of the product and inspection of the property is essential to validate the guarantee, this is so the products can be maintained and kept in optimum working condition. Visible surveying of the property is required to ensure new vulnerable areas are highlighted to the customer so they can act and update their required protection. It is the customer’s responsibility to ensure the product is maintained. The Flood Company Commercial Ltd cannot be held responsible for any omissions or the failure to have any material changes to the property that could affect the performance of its products not brought to its attention.
- Any claims against defective products or parts must be reported as soon as possible to prevent further damage to the product its performance capability.
- The guarantee excludes accidental damage, neglect and the consequences of any failure to follow proper maintenance advice that we have recommended at point of installation.
If you have any issues or complaints about the products, you can contact us at; firstname.lastname@example.org or please telephone us on Freephone: 0800 999 5355 and we will do our very best to resolve the issue to your satisfaction.
Nothing in this Guarantee affects your Statutory Rights
(Download PDF version here Annual Maintenance Certificate)
Why should you have your flood mitigation products serviced annually?
It is recommended that flood mitigation products be maintained annually to ensure they are in optimum working condition. Businesses are busy places, with vehicles and people coming and going which can lead to damaged ground conditions and flood mitigation parts being accidently damaged and/or the lost. In additions, the seals can gather dirt and dry out.
Without servicing the products, they may not be fit for purpose in an emergency and the guarantee on the products will expire and become void.
The service will include a full report and a certificate, which is useful:
- To display to your insurer that your flood mitigation products are in effective working condition.
- To ensure you get the maximum life out of your flood mitigation products.
- To provide peace of mind that your flood products will function correctly should flooding occur.
- To extend your product guarantee by a further 12 months (to a maximum of 5 years).
The service will include:
- A visual inspection of the outside of the property to identify any changes that could affect the performance of the property’s flood protection capability.
- Check and install (where necessary) that; Door(s), Flood Barriers (where fitted), Seals, Locking Mechanism, Keeps and Hinges are in good working order.
- Air Bricks will be opened, checked and cleaned.
- Check and / or replace silicon and seals that seal the flood products to the fabric of the building / aperture. Check all
- Check the threshold and the seal faces for cracks and / or defects that could impair the effectiveness of the seals.
- Where possible, repair any defects or damage to products.
- Any parts that need to be replaced as a result of; Misuse, Accidental or Criminal Damage, will be charged at the prevailing rate at the time of replacement, plus labour if a second visit is required.
- Report documenting a record of product maintenance; highlighting any additional flood risks and photographic evidence of any defects or alterations to the system or property.
FLOOD MITIGATION SERVICE AGREEMENT
The Flood Company Commercial Ltd undertakes to send a Service Engineer to service and inspect flood mitigation products at:
Flood mitigation service to include:
a)A basic service of all barriers and flood mitigation products, including seals.
b)A check on mechanical parts of each barrier.
A Certificate of Inspection will be issued after each service visit, certifying that such of the above-mentioned flood mitigation as are then made available to us have been inspected and serviced. We cannot accept any liability for the inspection or servicing of any products which are not made available or shown at the time of the service visit.
The charge of this service will be …………………………………………………………………………….., a quotation will be supplied on request. The invoice date will be the date of the service and payment is due 30 days from date invoice.
The liability of The Flood Company to the customer is limited to the obligations set out above and The Flood Company do not accept any liability for any further consequential loss or damage. All implied conditions and warranties are excluded and no further undertakings, conditions or warranties (expressed or implied) shall be enforceable against us or deemed to be incorporated herein.
This service contract may be terminated by three months’ notice, in writing, on either side, through registered post.
ON BEHALF OF THE FLOOD COMPANY COMMERCIAL LTD
Name: Luke Ruddiman – Managing Director
PLEASE NOTE: This Agreement must be signed by a Director, Company Secretary or other authorised signatory.
Maintenance Terms and Conditions
1.1 “Company” shall mean The Flood Company Commercial Limited its successors and assigns or any person acting on behalf of and with the authority of The Flood Company Commercial Limited.
1.2 “Customer” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Company to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Company to the Customer.
1.5 “Services” shall mean all services supplied by the Company to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 “Price” shall mean the cost of the Goods as agreed between the Company and the Customer subject to clause 3 of this contract.
2.1 Any instructions received by the Company from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Company shall constitute acceptance of the terms and conditions contained herein. 2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be amended with the written consent of the Company.
2.4 The Customer undertakes to give the Company at least fourteen (14) days notice of any change in the Customer’s name, address and/or any other change in the Customer’s details.
- Price And Payment
3.1 At the Company’s sole discretion the Price shall be either: (a) as indicated on invoices provided by the Company to the Customer in respect of Goods supplied; or (b) the Company’s quoted Price (subject to clause 3.2) which shall be binding upon the Company provided that the Customer shall accept the Company’s quotation in writing within thirty (30) days.
3.2 The Company reserves the right to change the Price in the event of a variation to the Company’s quotation.
3.3 At the Company’s sole discretion a deposit may be required.
3.4 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the date of the invoice.
3.5 At the Company’s sole discretion: (a) payment shall be due on delivery of the Goods; or (b) payment shall be due before delivery of the Goods; or (c) payment for approved Customers shall be made by instalments in accordance with the Company’s payment schedule.
3.6 Payment will be made by cheque or by direct bank credit (BACS), or by any other method as agreed to between the Customer and the Company.
3.7 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
3.8 The price of service may increase each year by up to 2.5% plus inflation for the previous year.
- Delivery Of Goods
4.1 Delivery of the Goods shall take place when the Customer takes possession of the Goods at the Customer’s address or other address nominated by the Customer (in the event that the Goods are delivered by the Company or the Company’s nominated carrier).
4.2 At the Company’s sole discretion the costs of delivery are: (a) included in the Price; or (b) in addition to the Price; or (c) for the Customer’s account.
4.3 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Company shall be entitled to charge a reasonable fee for redelivery.
4.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
4.5 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
4.6 The failure of the Company to deliver shall not entitle either party to treat this contract as repudiated.
4.7 The Company shall not be liable for any loss or damage whatever due to failure by the Company to deliver the Goods (or any of them) promptly or at all.
5.1 If the Company retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
5.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Company is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Company is sufficient evidence of the Company’s rights to receive the insurance proceeds without the need for any person dealing with the Company to make further enquiries.
6.1 It is the intention of the Company and agreed by the Customer that ownership of the Goods shall not pass until: (a) the Customer has paid all amounts owing for the particular Goods; and (b) the Customer has met all other obligations due by the Customer to the Company in respect of all contracts between the Company and the Customer.
6.2 Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Company’s ownership or rights in respect of the Goods shall continue.
6.3 It is further agreed that: (a) where practicable the Goods shall be kept separate and identifiable until the Company shall have received payment and all other obligations of the Customer are met; and (b) until such time as ownership of the Goods shall pass from the Company to the Customer the Company may give notice in writing to the Customer to return the Goods or any of them to the Company. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and (c) the Company shall have the right of stopping the Goods in transit whether or not delivery has been made; and (d) if the Customer fails to return the Goods to the Company then the Company or the Company’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Goods are situated and take possession of the Goods; and (e) the Customer is only a bailee of the Goods and until such time as the Company has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods on trust for the Company; and (f) the Customer shall not deal with the money of the Company in any way which may be adverse to the Company; and (g) the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Company; and (h) the Company can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and (i) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that the Company will be the owner of the end products.
7.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Company an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Company has agreed in writing that the Customer is entitled to reject, the Company’s liability is limited to either (at the Company’s discretion) replacing the Goods or repairing the Goods.
7.2 No Goods shall be accepted for return except in accordance with 7.1 above.
8.1 For Goods not manufactured by the Company, the warranty shall be the current warranty provided by the manufacturer of the Goods. Whilst the Company shall honour such warranty the Company shall not be bound by nor responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
8.2 To the extent permitted by statute, no warranty is given by the Company as to the quality or suitability of the Goods for any purpose and any implied warranty is expressly excluded. The Company shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
- Sale of Goods Act 1979 and Supply of Goods and Services Act 1982
9.1 This agreement is subject to the provisions of the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 (or any replacement or re-enactment thereof) in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded).
- Intellectual Property
10.1 Where the Company has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings shall remain vested in the Company, and shall only be used by the Customer at the Company’s discretion.
10.2 The Customer warrants that all designs or instructions to the Company will not cause the Company to infringe any patent, registered design or trademark in the execution of the Customer’s order.
- Default & Consequences of Default
11.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment; or
11.2 The Company may charge interest on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
11.3 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in pursuing the debt including legal costs on a solicitor and own client basis and the Company’s collection agency costs.
11.4 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company exercised its rights under this clause.
11.5 If any account remains overdue after thirty (30) days then an amount of ₤20.00 shall be levied as an administration fee and shall be levied for each month that the account remains overdue, which sums shall become immediately due and payable.
11.6 Without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Company shall, whether or not due for payment, become immediately payable in the event that: (a) any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to meet its payments as they fall due; or (b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
12. Security And Charge
12.1 Despite anything to the contrary contained herein or any other rights which the Company may have howsoever: (a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Company or the Company’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Company (or the Company’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met. (b) should the Company elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own client basis. (c) The Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Company or the Company’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 12.1.
13.1 The Company may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice the Company shall repay to the Customer any sums paid in respect of the Price. The Company shall not be liable for any loss or damage whatever arising from such cancellation.
13.2 The Company may terminate any service or maintenance contract governed by these terms and conditions by giving written notice of one month termination to the Customer. On giving such notice, the Company shall not be liable for any cost, loss or damage whatever arising from such cancellation.
13.3 Where the Customer has agreed to a service or maintenance contract as governed by these terms and conditions, this service or maintenance contract will run for twelve (12) months, whereupon a further twelve (12) month service or maintenance contract shall automatically commence. In the event that the Customer doesn’t wish to renew the service or maintenance contract, they must provide written notice of termination to the Company a minimum of three (3) months prior to the end of the existing service or maintenance contract. In the event that the Customer fails to terminate the service or maintenance contract without giving such written notice of termination to the Company then the Customer agrees to the Company providing a further twelve (12) months service or maintenance for which the Customer agrees to be liable for the fees for this full period.
- Data Protection Act 1998
14.1 The Customer and the Guarantor/s (if separate to the Customer) authorises the Company to: (a) collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s creditworthiness or marketing products and services to the Customer; and (b) to disclose information about the Customer, whether collected by the Company from the Customer directly or obtained by the Company from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing a default by the Customer on publicly accessible credit reporting databases.
14.2 The Company may also use information about the Customer to monitor and analyse its business. In this connection the Customer authorises the Company to disclose personal information to agents or third parties engaged by the Company.
14.3 The Customer consents to the transfer of information outside of the European Economic Area for the purposes listed above.
14.4 Where the Customer is an individual the authorities under (clause 14.1) are authorities or consents for the purposes of the Data Protection Act 1998.
14.5 The Customer shall have the right to request the Company for a copy of the information about the Customer retained by the Company and the right to request the Company to correct any incorrect information about the Customer held by the Company.
- Limitation of Liability
15.1 The Company shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit or goodwill) suffered by the Customer or any third party arising out of a breach by the Company of these terms and conditions.
15.2 In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages and the Company’s liability (if any) whether in contract, tort or otherwise in respect of any defect in the Goods, or for any breach of these terms and conditions, or of any duty owed to the Customer in connection with them shall be limited to the amount of the Price.
15.3 In the event of any misuse of the Goods by any person, including but not limited to, an employee of the Customer or any third party, the Customer shall indemnify the Company against any cost for damage to the Goods or any cost for damage caused by the Goods.
15.4 For the avoidance of doubt, nothing in these terms and conditions shall exclude or restrict the Company’s liability to any person for death or personal injury to that person resulting from the Company’s negligence.
- Unpaid Company’s Rights
16.1 Where the Customer has left any item with the Company for repair, modification, exchange or for the Company to perform any other Service in relation to the item and the Company has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Company shall have: (a) a lien on the item; (b) the right to retain the item for the Price while the Company is in possession of the item; (c) a right to sell the item.
16.2 The lien of the Company shall continue despite the commencement of proceedings, or judgement for the Price having been obtained.
- Customer’s Disclaimer
17.1 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by the Company and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.
18.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 These terms and conditions and any contract to which they apply shall be governed by the laws of England and Wales and are subject to the jurisdiction of the courts of England and Wales.
18.3 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Company.
18.4 The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent. 18.5 The Company reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change. Except where the Company supplies further Goods to the Customer and the Customer accepts such Goods, the Customer shall be under no obligation to accept such changes.
18.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.