Terms And Conditions
This agreement is subject to the terms and conditions specified below;
1. General
(a) All goods sold by SUPERPOOL UK, are sold subject to these Terms and Conditions
(b) In the case of special orders, additional terms and conditions may apply and these will be communicated at quotation stage by SUPERPOOL UK
(c) Unless otherwise expressly agreed in writing by a director of the SUPERPOOL UK, any addition, deletion from or variation or qualification of these Conditions shall be unenforceable
2. Quotations and Prices
All quotations of price (whether written or oral) are subject to withdrawal or amendment by SUPERPOOL at any time prior to receipt by SUPERPOOL of any acceptance and thereafter are subject to correction of errors at any time. If SUPERPOOL has not received acceptance within 30 days of the date of the quotation, the quotation shall be deemed to have lapsed.
The prices quoted by SUPERPOOL are subject to stock availability and whilst every endeavour will be made to supply at quoted prices, SUPERPOOL reserves the right to revise prices without prior notice. In particular should any increase occur in the cost of labour, materials, transport and all or any direct costs between the date of quotation and despatch of the goods, SUPERPOOL reserves the right to adjust the contract price accordingly.
3. Lead Times
Availability and where applicable, delivery is stated in the quotation. However, stock availability is subject to variation and lead times should be checked at the time of placing the order.
4. Payment
Payment for all goods shall be made by pre-agreed method with order unless credit terms have been arranged.
Our standard terms for that contract will be detailed on the official / budget quotation.
Cheques and postal orders should be made payable to SUPERPOOL and crossed. SUPERPOOL cannot accept responsibility for lost remittance. A charge of £35 will be made in the event of a payment cheque being dishonoured.
The Company reserves the right to charge the customer for all costs of recovery relating to overdue accounts, and also:
i. Charge interest on the outstanding amount at the rate of 3% per annum above the Lloyds Bank Base Lending Rate accruing daily
ii Cancel or suspend delivery of any goods ordered by the Customer which have not been delivered without incurring any liability to the Customer
5. Data Protection Act 1998
SUPERPOOL reserves the right to consult whomsoever it considers appropriate for the purposes of Trade References and will record information in respect of such opinions, which will be made available to other businesses for the continuing assessment of Credit risk.
6. Delivery
SUPERPOOL will endeavour to deliver the goods without delay and to comply with reasonable delivery instructions however, any specified time of delivery shall not be of the essence of the contract and the Company shall not be liable for late delivery howsoever caused nor shall such failure to deliver be deemed to be a breach of the contract.
Unless otherwise instructed, carriage to all destinations will be added to the invoice automatically.
7. Returns
SUPERPOOL does not operate a returns policy (except for legal requirements eg Distance Selling Regulations) unless the goods are defective. In circumstances where SUPERPOOL agrees to accept return of goods, a charge of 25% of the invoice value will be made.
8. Preservation of Title
Notwithstanding delivery and the passing of risk, the property in all the goods delivered by SUPERPOOL to the Customer shall remain vested in SUPERPOOL until unconditional payment in full is received and cleared through SUPERPOOL’s bank account not only for the goods but also for goods and/or services comprised in any other contract between SUPERPOOL and the customer which have been delivered and/or performed but remain unpaid.
Until payment due for goods have been received in full by SUPERPOOL: -
i. The Customer shall hold the goods upon trust for SUPERPOOL
ii. The Customer shall at all times keep the goods comprehensively insured against normal perils and damage
iii. The Customer shall permit any officer, employee, or representative of SUPERPOOL to enter onto the Customer’s premises or other site where the goods are located and to repossess the goods
9. Claims
No claim shall be entertained by SUPERPOOL unless made in writing. Claims arising from damage or partial loss in transit must reach SUPERPOOL within 7 days from the date of delivery. Claims for non-delivery must reach SUPERPOOL within 10 days from the date of despatch. All other claims must reach SUPERPOOL within 7 days. Damaged goods must be retained for inspection/collection.
10. Force Majeure
Whilst every effort will be made to fulfil your order within the period indicated by SUPERPOOL, SUPERPOOL will accept no responsibility for failures, variations and delays attributable to causes beyond its control.
11. Proper Law
These conditions and all quotations, offers and acceptances shall be governed by and construed according to English Law.
Guaranties and Warranties
Excepting where otherwise specified all products are subject to the warranty offered by the manufacturer. Goods found defective will be repaired, credited or replaced without charge according to the terms of the manufacturer’s warranty, provided written notice is given within the guarantee period. In no case will SUPERPOOL be liable for repairs made without its knowledge or sanction, or for indirect damage, or any consequential loss or expense incurred by purchasers.
SUPERPOOL UK will not be held responsible, financially or otherwise, for any loss of business as a result of equipment breakdown.
